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1960 Supreme(Raj) 30

SARJOO PROSAD
Dalpat Singh – Appellant
Versus
Jiwanmal – Respondent


Advocates Appeared:
Roshan Lal, for petitioner; M.M. Vyas, for non-petitioners Nos. 1 and 2

Sarjoo Prosad, C.J.—This application is for revision of an order dated 5th February, 1959, passed by Shri Pearey Mohan, Civil Judge, Sojat, in civil case No. 52 of 1957 pending before him. The said suit has been instituted by the plaintiffs opposite parties Nos. 1 and 2 on the basis of a promissory note dated 11th July, 1956. The plea taken by the defendant-petitioner was that the promissory note is inadmissible under sec.35 of the Stamp Act as not being duly stamped. The learned Civil Judge has overruled the plea, and hence the application to this Court on the ground that the Court below has acted illegally and with material irregularity in admitting the document in evidence.

2. It is argued by the learned counsel for the petitioner that: (1) the promissory note was insufficiently stamped at the time of its execution inasmuch as there appear to have been only two one anna stamps having been subsequently affixed thereon; and (2) the stamps affixed on the document were not of appropriate description.

3. So far as the first point is concerned, the learned Judge on an examination of the document has clearly come to the conclusion that all the four stamps on the document were there at th






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