Honble SHARMA, J. – Crucial legal question which arises for consideration in this revision petition is, whether carbon copy of a document is not admissible as primary evidence in view of section 35 and 26 of the Indian Stamps Act, 1899.

(2). This question emerges in the following circumstances :–

(i) Plaintiff-non-petitioner (for short plaintiff) instituted a suit against the defendant petitioner (for short defendant) in the trial court for the recovery of possession of house in question making averments to the effect that the plaintiff entered into an agreement of sale for the said house in favour of the defendants and actual physical possession of the house was given by the plaintiff to the defendants and certain amount was received by him as part performance towards the payment of the sale consideration. But as the defendants have failed to comply with the terms and conditions of the agreement it has become void and the plaintiff is entitled to possess the said house with certain other reliefs relating to mense profits etc.

(ii) In the written statement, the defendants made specific denial of the facts pleaded in plaint and pleaded that they were ready and willing to perform their

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