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1972 Supreme(Raj) 264

V.P.TYAGI
Firm Poonam Nahta – Appellant
Versus
Amarchand – Respondent


JUDGMENT

1. - In a suit filed by respondent no. 1 Amar Chand against non-petitioners no. 2 to 5 an order was passed by the trial court under Order 38 Rule 6 Civil Procedure Code that the amount of M/s Krishna Bros. lying with the Central P.W.D. may be attached. Having felt aggrieved by that order the petitioner filed objection under Order 21 Rule 58 Civil Procedure Code and submitted in support of this claim four documents dated 22.3.69, 30.4.69, 14.6.69 and 6.8.69. The plaintiff objected the admissibility of these instruments in evidence on the ground that they were not property stamped. An issue was framed by the trial court and after examining the documents the learned Judge held that the instruments dated 30.4.69 14.6.69 and 6.8.69 were bonds in respect of the amounts Rs. 39500/- Rs. 11000/-, and Rs. 31000/- respectively and since they were not properly stamped they could not be admitted in evidence unless the stamp duty along with the penalty was paid by the petitioner. This order of the learned Additional District Judge dated 9.12.71 is impugned by the petitioner by filing this petition under articles 226 and 227 of the Constitution inter alia on the ground that all these thr






















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