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1997 Supreme(Ker) 169

C.S.RAJAN
Uthuppan Abraham – Appellant
Versus
State of Kerala – Respondent


Judgment :-

C.S. Rajan, J.

The petitioner was the fourth defendant in O.S. No. 379 of 1980 on the file of the Munsiff s Court, Changanacherry. The suit was one for realisation of a loan amount from defendants 1 to 3. The petitioner was an assignee of the ice plant which belonged to the first defendant in the suit. Evidencing the above assignment the petitioner produced a document styling itself as an assignment deed. The above instrument was executed on a stamp paper of Rs. 3/-. The above document, though produced by the petitioner, was not either tendered in evidence or marked as exhibit. The petitioner was also not examined. The suit was finally decreed against defendants 1 to 3 and dismissed against the petitioner. The learned Munsiff passed an order stating that a stamp duty of Rs. 1,787/- was pay able along with penalty of Rs. 17,870/-. The third respondent was directed to realise the above amount. When the third respondent took action pursuance to the order of Munsiff Court, the petitioner filed a revision petition before the 1st respondent. The first respondent forwarded the revision petition before the second respondent and the second respondent in turn referred the matter t







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