Dave, J.—This is an application in revision by 3the defendant against the order of the Judge, Small Cause Court, Jodhpur, dated the 29th of July, 1954.

2. The only question for determination before this Court is whether the document on which the suit is based is a promissory note and inadmissible in evidence, being unstamped. The trial court has held that it is a bond and that it can be admitted in evidence on payment of penalty.

3. Learned counsel for the non-petitioner has raised a preliminary objection that the order of the trial court amounts to admitting the document in evidence, and that the do:ument having been thus admitted in evidence, its admissibility cannot be challenged by the petitioner. I see no force in this contention and the objection is fit only to be dismissed. It is clear from the order of the trial court that it has not yet admitted the document in evidence. It has only passed an order saying that the document would be admissible in evidence if penalty is paid. It is common ground between the parties that the penalty has not yet been paid and, therefore, it cannot be said that the trial court has admitted the document in evidence. On the other hand, it appears t

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