JUDGMENT

1. These three Rules are directed against as many orders passed by the Subordinate Judge, First Court, Faridpur, by which that learned Judge directed the petitioners to deposit stamp duty and penalty in respect of three documents. The petitioners had instituted three suits for recovery of money due upon the said documents and filed the same along with the plaints. A Commissioner was appointed for the examination of one of the plaintiffs and documents were proved in the course of the deposition of that witness taken by the Commissioner. Thereafter the suits were adjourned from time to time and ultimately resulted in a compromise on the basis of which decrees were passed on the 25th May 1926. On the 3rd June 1925, the decrees were signed and sealed. On the 2nd July 1926, the sheristadar made a report stating that the documents were not promissory notes that bonds within the meaning of the Stamp Act and accordingly should have been stamped as such. On the said report the Subordinate Judge passed the orders against which these Rules are directed.

2. The two contentions urged on behalf of the petitioners : first, that the Subordinate Judge had no jurisdiction to make these orders