JUDGMENT :

Mohammad Rafiq, J.

1. These matters have been laid before the division bench upon a reference made by a learned Single Judge of this Court vide order dated 22.02.2015 passed in S.B. Civil Writ Petition No. 15760/2015, on the following questions of law:

"(i) Whether the judgments rendered by two different Single Bench of this Court in the case of Smt. Indu vs. Narsingh Das & Ors., 2013(5) WLC (Raj.) 615 and Prembai vs. Khurshid Bano & Ors., 2014(3) WLC (Raj.) 221 relying upon the case of Avinash Kumar Chauhan vs. Vijay Krishna Mishra, 2009 (2) SCC 532, lay a correct law without taking note of judgment rendered by a Constitution Bench of Supreme Court in Javer Chand & Ors. vs. Pukhraj Surana, AIR 1961 SC 1655.

(ii) Whether judgment rendered by another Single Bench of this Court in the case of Lrs of Deepchand vs. Mahaveer Chand & Anr., 2015 (2) WLN 106, and the view expressed by Full Bench of Madhya Pradesh High Court in the case of Balkrishna Bihari Lal vs. Board of Revenue M.P. and Others, AIR 1970 MP 74, has to prevail?

(iii) Whether on production of unstamped document, Court is duty bound to determine the stamp fee along with penalty, as per Section 35(1) of the Act or to i