2008 Supreme(Raj) 1416

RAJASTHAN HIGH COURT
Dinesh Maheshwari, J.
Bhanwar Lal - Appellant
Versus
The District Judge, Sirohi & Anr. - Respondent
S.B. Civil Writ Petition No.7709 of 2007.
Decided On : 29-01-2008

If the original document is not carrying requisite stamp duty, permission to lead its secondary evidence cannot be granted.

Headnote:

The court held that the learned trial court did not commit any jurisdictional error in rejecting the prayer of the petitioner to lead secondary evidence in relation to an agreement not carrying requisite stamp duty. It was established that if the original document is not carrying requisite stamp duty, permission to lead its secondary evidence cannot be granted. The deficiency in stamp duty cannot be filled up on the copy of the document. The agreement in question was allegedly executed on Rs.20/- stamp though it was chargeable with stamp duty in an amount of Rs.100/-. The refusal by the learned trial court to permit secondary evidence was found to be legal and there was no scope for interference.

Fact of the Case:

The court found that the learned trial court did not commit any jurisdictional error in rejecting the prayer of the petitioner to lead secondary evidence in relation to an agreement not carrying requisite stamp duty.

Finding of the Court:

The court found that the refusal by the learned trial court to permit secondary evidence was legal and there was no scope for interference.

Issues: The issue was whether the learned trial court committed any jurisdictional error in rejecting the prayer of the petitioner to lead secondary evidence in relation to an agreement not carrying requisite stamp duty.

Ratio Decidendi: The court established that if the original document is not carrying requisite stamp duty, permission to lead its secondary evidence cannot be granted. The deficiency in stamp duty cannot be filled up on the copy of the document.

Final Decision: The writ petition was rejected and the petition was dismissed.