Prasenjit Mandal, J.

1. THIS application is at the instance of the plaintiff and is directed against the order dated January 29, 2009 passed by the learned Civil Judge (Senior Division), First Court, Howrah in Title Suit No.38 of 2004 thereby directing the plaintiff to file a show cause whether he is willing to pay deficit stamp duty equivalent to duty chargeable as per Article 23 of Schedule of the Indian Stamp Act, 1899 with penalty of 10 times by the date fixed on the agreed valued of the property.

2. The plaintiff filed the said title suit for specific performance of contract, declaration, permanent injunction and other reliefs contending, inter alia, that the defendants promised to sell the suit property in favour of the plaintiff at a consideration of Rs.5,50,000/- out of which an amount of Rs.50,000/- was paid by the plaintiff under the receipt dated September 26, 2003. Such an agreement was held orally but the receipt was granted in respect of the payment. That suit is contested by the opposite party nos.5 and 6 by filing separate written statements. The suit was at the stage of peremptory hearing and the plaintiff/petitioner filed an affidavit-in-chief accompanied