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2007 Supreme(P&H) 658
PUNJAB & HARYANA HIGH COURT
Pritam Pal, J.
Vidya Bhushan
Versus
Chander Mal
C.R. No. 1649 of 2007,
Decided On : MARCH 26, 2007
The court's decision was based on the principle that the defendants still had an opportunity to rebut the authenticity of the receipts, and therefore, no interference was called for at the current stage.
Headnote:
Article 227 - Civil Revision - The court declined the application to send rent receipts for report on revenue stamps, stating that the defendants still had an opportunity to rebut the authenticity of the receipts.
Fact of the Case:
The petitioners filed a Civil Revision under Article 227 of the Constitution of India against the order declining their application to send rent receipts for report on revenue stamps.
Finding of the Court:
The court found that the petitioners still had an opportunity to rebut the authenticity of the receipts and therefore declined the application.
Issues: The issue was whether the application of the petitioners to send the rent receipts for report on revenue stamps should be granted.
Ratio Decidendi: The court decided that at the current stage, no interference was called for in the impugned order, as the defendants still had an opportunity to rebut the authenticity of the receipts.
Final Decision: The Civil Revision stands dismissed in limine.
1. This Civil Revision, by the petitioners, filed under article 227 of the Constitution of India, is directed against order dated february 19,2007, whereby an application of the petitioners/defendants, for sending the rent receipts Ex. PW-1/12 and Ex. PW1/13, placed on the file, to Govt. Press, Nasik, for report with regard to revenue stamps affixed on the receipts, was declined.
2. A perusal of the impugned order shows that the petitioners, who are defendants before the trial Court, still have an opportunity to rebut the authenticity of the aforesaid receipts, which are stated to have a stamp of Rs.1/-each. At this stage, no interference is called for in the impugned order. Hence, this Civil Revision stands dismissed in limine.
