J.P.SINGH, VUENDER JAIN, VIJENDER JAIN
MAHIP SINGH THAKUR – Appellant
Versus
HEMA THAKUR – Respondent
( 1 ) THIS appeal challenges, inter alia, the impugned order passed by the learned Single Judge on an application for clarification pursuant to an order passed by the Registry, inter alia, calling upon the appellant to get the property valued for payment of stamp duty under article 45 of the Stamp Act.
( 2 ) AFTER the communication of the said order of the Registry, the appellant filed an application before the learned Single Judge for striking down the order of the registry as no stamp duty was to be paid by the appellant. To appreciate the contention of the parties, it is relevant to reproduce the contents of the order passed by the learned Single Judge in the suit for injunction filed by the plaintiff being cs (OS) No. 2027/1996, which are as under :
IN view of the settlement, as recorded, the suit is decreed in terms of memorandum of Family Settlement, Ex. C-3. Ex. C-3 shall form part of the decree. It is clarified that the mere factum of the suit being decreed in terms of Ex. C-3, shall not tantamount to either the waiver or discharge from liability for payment of any statutory levies, municipal taxes or stamp duty.
( 3 ) IT seems that in view of the later part
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