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2023 Supreme(Mad) 1011

S. M. SUBRAMANIAM
S. Thanikachalam – Appellant
Versus
M. Perumal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.V.Radhakrishnan Senior Counsel For Mr.S.kadarkarai
For the Respondent: Mr.D.Ravichander

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 22.09.2022, made in I.A.No.462 of 2022 in O.S.No.118 of 2016 on the file of the Court of the 1st Additional District and Sessions Judge, (FAC), Cuddalore.

The civil revision petition on hand has been instituted challenging the fair and decreetal order dated 22.09.2022 passed in I.A.No.462 of 2022 in O.S.No.118 of 2016.

2. The revision petitioner is the defendant and the respondent instituted a Suit for recovery of money.

3. The undisputed facts between the parties are that the documents namely Ex.A1 to Ex.A9 marked by the respondent/plaintiff in the Suit was allowed to be marked with objection by the revision petitioner/defendant. The trial is in progress and the evidence was closed.

4. Question arises, whether the order impugned passed in I.A.No.462 of 2022, permitting the respondent/plaintiff to cure the defective payment of stamp duty marked in the documents Ex.A1 to Ex.A9 with objection is in consonance with the provisions of the Indian Stamp Act, 1899 and the Code of Civil Procedure, 1908.

5. The learned Senior Counsel appearing on behalf of

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