A.S.OKA
SANTOSH ANANT RAUT – Appellant
Versus
PUKHARAJ CHOGMAL RATHOD – Respondent
( 1 ) HEARD the learned counsel for the parties. Taken up for final disposal at admission stage. The petitioner is the original defendant and the respondent is the original plaintiff. The respondent filed a suit for recovery of a sum of Rs. 6,19,000/- together with interest thereon. An application was made at exhibit-45 by the respondent contending that the documents produced along with the list at Exhibit-3 have been proved by the respondent and therefore, the same may be marked as exhibits. Thereafter, an application was made by the respondent at Exhibit-46. In the said application it is contended that the respondent is relying upon a letter in which the petitioner has allegedly acknowledged the debt in the sum of Rs. 6,19,000/ -. In the application, the respondent himself stated that the said document amounts to "acknowledgment" and it is insufficiently stamped in the sense that instead of executing the document on a stamp of Rs. 50/- the same has been executed on a stamp paper of denomination of Rs. 20/ -. A reference was made to the provisions to section 34 of the Bombay Stamp Act, 1958 (hereinafter referred to as the said Act ). The respondent showed willingness to pa
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