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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Karunakara Pradhan @ Karunakar – Appellant
Versus
Binod Chandra Padra – Respondent
| Table of Content |
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| 1. overview of the proceedings and underlying contract details. (Para 2 , 3) |
JUDGMENT :
1. Heard Mr. S. Kar, learned Advocate for the Petitioner.
3. The Petitioner is the Plaintiff and he filed the suit for specific performance of contract along with prayer for damages, mandatory injunction, delivery of possession, etc. The contract is an agreement dated 14.06.1999 for sale of land. Further, according to the Plaintiff, the Defendants furnished a Chuktinama on 11.09.2000 upon receipt of money by way of Bankers Cheque from the Plaintiff. Said Chuktinama dated 11.09.2000 has been furnished on a five rupees stamp paper, as per the Plaintiff’s case.
5. As seen from record, the suit has been filed in the year 2019 and the petition under Order 13 Rule 8, C.P.C. for impounding the document was presented in the year 2023.
“35. Instruments not duly stamped inadmissible in evidence, etc.—No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped:
(
An unstamped document not presented for registration cannot be impounded after significant delay; the evidentiary value hinges on its compliance with statutory requirements.
Agreement to sell – Impounding an agreement to sell of an immovable property after 23 years of its alleged execution, where execution itself is disputed and which was never presented for registration....
The court upheld that technical defects in documents should not allow unfair advantages, particularly when the document’s existence is contested.
Proper stamping and registration are essential for the admissibility of unregistered documents affecting immovable property as evidence in a suit for specific performance. The court has a duty to dec....
Unregistered agreements for the sale of property without possession delivery are not conveyances and do not require stamping, valid for evidence in specific performance cases.
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
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