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1936 Supreme(Mad) 403

VENKATARAMANA RAO
Nallajerla Satyavati – Appellant
Versus
Vijjapu Pallaya – Respondent


ORDER

Venkataramana Rao, J.

1. This is a Civil Revision Petition to revise the order of the learned Subordinate Judge of Vizagapatam rejecting a document, Ex. G, in the case as inadmissible on the ground that it was insufficiently stamped in supersession of a prior order admitting it on 7th September 1934. The suit was filed by the plaintiffs in O.S. No. 26 of 1933 for recovery of certain sums of money due to them from defendants 1 to 3 in the case. It was their case that this matter was referred to arbitration and that the arbitrator was also inquiring into the claims relating to the partition between defendants 1 to 3. He delivered an award on 12th April 1930 in and by which he decreed certain sums as payable by defendants 1 to 3 and the claim was based on the award. In the written statement filed by defendant 1 it was not alleged that the document was insufficiently stamped, and that the suit cannot be based thereon. When P.W. 1 was being examined objection was taken to its admissibility. It is the case of defendant 2 and I think it is also the case of the other defendants, that this specific objection as to insufficiency of stamp was taken along with the objection regarding want













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