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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Raj Kumar Dehuri – Appellant
Versus
Rama Chandra Rana – Respondent
| Table of Content |
|---|
| 1. order challenged regarding impounding of sale deed. (Para 1 , 2 , 3) |
| 2. court's authority to impound insufficiently stamped documents. (Para 4) |
| 3. existence of document in dispute impacts impounding decision. (Para 5 , 6) |
| 4. cmp dismissed due to lack of merit. (Para 7) |
JUDGMENT :
B.P. Routray, J.
1. Heard Ms. P. Naidu, learned counsel for the Petitioner and Mr. B, Das, learned counsel for the opposite party.
2. Present CMP is directed against order dated 15th April, 2025 of learned Senior Civil Judge, Birmaharajpur passed in CS No.141 of 2014, wherein the prayer of the defendant to impound the sale deed (Ext.B) has been refused.
3. Present opposite party being the plaintiff filed the suit praying for declaration of his possession over the suit land as genuine, for permanent injunction and other reliefs. Present petitioner being the defendant after his appearance pursued his case that there is a sale deed in his favour executed on 28th March, 1979 (Ext.B). Said sale deed under Ext.B is an unregistered document and at this stage of the suit the defendant seeks impounding of the same through the trial court. In support of his case Ms. Naidu refers to a decision in the case
The court upheld that technical defects in documents should not allow unfair advantages, particularly when the document’s existence is contested.
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....
An unstamped document not presented for registration cannot be impounded after significant delay; the evidentiary value hinges on its compliance with statutory requirements.
The trial court must adhere to the provisions of the Indian Stamp Act and the Rajasthan Stamp Act regarding the impounding of inadequately stamped documents and cannot exceed its jurisdiction by addr....
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
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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