Shambhu Prasad Singh, J.

1. This application under Sec.115 of the Code of Civil Procedure is by the defendants and arises out of a suit for recovery of dues on a deed dated 28.06.1962 for a sum of Rs. 8000.00. The deed was found to be insufficiently stamped. A controversy arose between the parties as to whether the stamp on the said deed was leviable under Article 15 or Article 49 (b) of the Schedule to the Indian Stamp Act.

2. The dispute between the parties is not really as to the amount of the deficit stamp duty but as to the nature of the document; whether it is a bond chargeable under Article 15 or a promissory note chargeable under Article 49-Under Article 49. promissory note "when payable on demand" is chargeable under Clause (a)", when payable otherwise than on demand" it is chargeable under Clause (b). Bond is defined in Sec.2(5) as follows:

"(5) Bond.-- bond includes -- (a) any instrument whereby a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be:

(b) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges