JUDGMENT :

Prasenjit Biswas, J.

1. Feeling aggrieved and dissatisfied with the impugned order no. 15 dated 28.03.2021 passed by the Learned Civil Judge (Senior Division) at Alipore in connection with title suit no. 91 of 1999 this application is filed by the petitioner under Article 227 of the Constitution of India

2. The moot question involved in this case that once any document is admitted in evidence and marked as exhibit subsequently, such order whether could be recalled by the Court for impounding the instrument in absence of the payment of proper stamp duty.

3. Impugned order no. 15 dated 28.03.2001 passed by the Trial Court is as follows:-

“P.W. 1 is further examined in chief. Plaintiff has filed impounding fees of Rs. 99/-in terms of the report of the Sdr. dated 28.03.2001. Document being the statement of account marked Ext. 7 & 7/a and the letter dated 26.08.1997 as ext. 8. It appears in course of hearing that the agreement assigned to the plaintiff dated 18.11.1995 is on a stamp paper of Rs. 10/-which is required to be impounding as well, because as per the amended provision of law, applicable to West Bengal, agreement for sale has to be on the stamp paper which is required in