G.K.MISRA
SAUDAMINI DEI @ HAZARI – Appellant
Versus
BISHNU CHARAN JENA – Respondent
JUDGMENT :
G.K. Misra, C.J. - The Plaintiff?s case was that Defendant who had 8 annas interest in Truck No. O.R.U. 983 had decided to purchase the other 8 annas interest from his share holder so as to become full owner in respect of the vehicle. The Defendant approached the Plaintiff through her husband, who was known to him, for an amount of Rs. 7,000/- to purchase the 8 annas interest in the Truck from his share holder. On 13-11-1968 the Defendant executed a document in favour of the Plaintiff. This document was produced by the Plaintiff. When she wanted that it should be marked as an exhibit, objection was taken that it was a bond and it is to be impounded and unless stamp duties are paid the document cannot be marked as an exhibit. The learned Subordinate Judge accepted this objection and held that the-document was a bond and he did not mark it as an exhibit. It is against this order that the Civil Revision has been filed.
2. The substance of the recitals in the bond is that the executant borrowed Rs. 7,000/- to purchase the 8 annas interest in the Truck. Two modes of repayment were prescribed in the document. The first was that repayment would be made by transferring 6 annas int
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.