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VINIT KUMAR MATHUR
Shamsher Singh – Appellant
Versus
Sita – Respondent
JUDGMENT
1. With the consent of the parties, both the writ petitions are heard and disposed of finally.
S.B. Civil Writ Petition No. 13749/2015:
2. The present writ petition has been filed by the petitioners against the order dated 23.09.2015 passed by Additional District Judge, Anoopgarh Camp Gharsana District Sri Ganganagar in Civil Original Suit No.28/2007 whereby the application filed by the petitioners under section 35 of the Stamps Act for impounding the document in question was rejected.
3. Learned counsel for the petitioners submits that the document in question is dated 15.01.1999 and for specific performance of the same, a suit was preferred in the year 2007.
4. Since, the document was not properly stamped, vide order dated 13.04.2012, the petitioners were directed to get the document properly stamped by impounding the same through the competent authority. Learned counsel further submits that the process could not be undertaken by him on account of the fact that on the criminal proceedings being initiated, the document in question was sent for examination to FSL and therefore, the petitioners were unable to comply with the order dated 13.04.2012 passed by the trial court. Ther
The court upheld the reasonableness of the petitioners' application for impounding the document under the Stamps Act, considering the circumstances of criminal proceedings and examination by FSL.
The trial court must provide clear findings regarding the relevant provisions of the Karnataka Stamp Act before impounding documents.
Objections to the admissibility of evidence must be raised at the final arguments stage after a document has been exhibited, as per the procedural fairness principle.
Documents not marked in evidence cannot be impounded for stamp duty and must be returned to the party.
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