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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY, J.
Meghnath Chatterjee – Petitioner
Versus
Anjali Sikdar and Others – Respondents
C.O. No. 2613 of 2022
Decided On : 10-05-2023
Constitution of India, 1949 – Article 227 – Civil Procedure Code, 1908 – Section 151 – Order 7 Rule 14 – West Bengal Panchayat (Zilla Parisahd and Panchayat Samiti) Accounts and Finance Rules, 2003 – Rule 91 – Evidence Act, 1872 – Suit for specific performance of contract – Whether stamp duty should be exempted or not on ground that document on which stamp duty assessed is not relevant - Held, Unless order impounding document by Court is set aside by higher Court same has to be implemented, in accordance with law - Although discretion to rely and prove any document is upon party who files same but once a document is impounded and stamp duty assessed in accordance with law, party whose; document is impounded, has to pay required stamp duty assessed if document is to be relied and proved in accordance in law - However, in event a party does not want to rely upon a document impounded he may not pay stamp duty assessed - In all cases Court who has impounded a document cannot recall said order merely on ground that party whose document was impounded does not want to rely on it or that the document is not necessary – Revisional Application stands disposed.
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The petitioner before this Court is the defendant in a suit for specific performance of contract and is aggrieved by the Order dated 20.05.2022 passed by the Learned Civil Judge (Senior Division) Court at Howrah in Title Suit No. 70 of 2012.
2. The case of the Petitioner/Defendant no. 1 may be summed up thus:
2. The petitioner is contesting the said suit by filing his written statement along with counter claim in the said suit. To the said counter claim the opposite party No. 1 herein has filed her written statement.
3. The opposite party no. 2 is also contesting the said suit by filing his written statement along with counter claim in the said suit. To the said counter claim the opposite party no. 1/plaintiff has filed her written statement.
4. The issues have been framed in the suit before the Learned Court below and the suit has reached peremptory hearing stage.
5. The opposite party no. 1 as plaintiff witness no. 1 has filed her affidavit in chief in the said suit, upon serving a copy of the said affidavit and a list of documents to be filed by the opposite party no. 1.
6. During tendering of the documents by the said plaintiff witness No. 1, the agreement for sale dated 2.03.2007 was found to be unregistered and the same was declared as impounded and the District Collector Howrah was directed to assess market value of the suit property prevailing in the year 2007.
7. Pursuant to the direction of Learned Trial Court upon the District Collector the District Registrar Howrah assessed market value of the suit property prevailing in the year 2007 and a report to that effect was filed in Court. Upon considering the said report Learned Trial Court by an order dated 10.05.2018 was pleased to direct the opposite party No. 1 to pay the stamp duty and penalty totaling to Rs. 18,70,124/-for the purpose of marking of the said unregistered agreement of sale dated 02.03.2007 since impounded.
8. Thereafter the opposite party No. 1/plaintiff filed an application under Section 151 of the code of Civil Procedure 1908. By the said application it was contended that due to bona fide mistake or omission, one unregistered agreement dated 02.03.2007 was filed before the Learned Court for marking the said document as Exhibit, however subsequently a registered Bainanama was executed on 02.11.2007 and as such, the opposite party No. 1 is not relying the unregistered Bainanama dated 2.03.2007 and thus the opposite party no. 1 has prayed for recall of the order dated 10.05.2018 with an observation that the unregistered Bainanama dated 02.03.2007 has got no force till execution of the registered bainanama dated 02.11.2007 in respect of the self same property.
9. The Learned Trial Court was pleased to hear out the said application under Section 151 of the Code of Civil procedure and by an order dated 20.05.2022 was pleased to allow the same by recalling the order dated 10.05.2018.
3. The petitioner being aggrieved by the impugned order dated 20.05.2022 passed by the Learned Trial Court has come up with this application under Article 227 of the Constitution of India.
4. It is the contention of the petitioner that the Learned Trial Judge failed to consider that the application under Section 151 of the Code of Civil Procedure 1908 was in effect made for de-exhibiting the unregistered agreement for sale dated 02.03.2007 which has already been impounded by the Learned Trial Court below upon directing to make payment and by dint of the said application the said admitted document cannot be de-exhibited. It is further contended that the Learned Court acted illegally and with material irregularity in relying upon the d
The trial Court has discretion to deny document production in a specific performance case; unregistered agreements can serve as evidence if possession was not delivered.
The main legal point established in the judgment is that an unregistered sale deed may be admissible as evidence of an agreement to sell in a suit for specific performance under the Specific Relief A....
Under the Indian Stamp Act, once a document is found to be insufficiently stamped, the court is duty-bound to impound the document and send it to the Collector for proper assessment and payment of th....
An unregistered document can be admissible in a suit for specific performance, and a plaint cannot be rejected solely on the grounds of non-registration or insufficient stamp duty without trial evide....
The plaintiff must demonstrate both readiness and willingness to perform a contract for specific performance, including financial capacity, and agreements must be duly stamped to be enforceable.
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