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1975 Supreme(J&K) 51

A.S.ANAND, MIAN JALAL-UD-DIN
B. K. Thaper – Appellant
Versus
Vijay Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: G.D. Sharma
Advocate For Appellant: P.S. Dutta
Advocate For Respondent: S.P. Gupta
Advocate For Respondent: R.P. Sethi
Advocate For Respondent: H.L. Bhagotra

Per Mian Jalal-ud-Din J.

1. This appeal under Letters Patent is directed against the judgment dated May 24, 1975 of the Honble Single Judge (Mufti Baha-ud-Din Farooqi J.) of this court dismissing the application of the defendants appellants dated May 19, 1975. Two applications one dated 19th May 1975 and the other dated 20th May 1975 were filed by the defendants 1 and 2 respectively before the learned Judge. Application dated May 20, 1975 sought the rejection of the plaint on the grounds mentioned therein with which we are not however concerned as that is not the subject matter of the appeal before us, the appeal against that order having been dismissed in limine by us. The subject matter of the present appeal before us is the application dated May 19, 1975. It was filed under sections 33/35 of the Jammu & Kashmir Stamp Act read with Order 13 Rule 3 of the Code of Civil Pr: The appellants prayed inter alia that the court may impound and declare the lease deed dated Sept; 1974 as inadmissible in evidence. The prayer was grounded on the plea that the lease deed was improperly stamped and therefore, could not be admitted in evidence. The learned Judge by his order under appeal dismiss





















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