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RAJBIR SEHRAWAT
Viku-J-India Crafts Pvt. Ltd. – Appellant
Versus
Emm Aar Appliances – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral)
The petitioner has filed this civil revision under Article 227 of the Constitution of India praying for setting aside of order dated 01.05.2014 (Annexure P-3) passed by the Civil Judge (Senior Division), Gurgaon, whereby the application filed by the petitioner for impounding the Lease Deed for affixation of improper Stamp Fee and the application for de-exhibiting the Leas Deed (Annexure P-2), have been dismissed; along with certain other prayers.
2. The brief facts of this case are that the respondent-plaintiff filed a suit for recovery against the petitioner; for an amount of Rs. 52,46,413/-. That amount was stated to be rent of leased premises, created through lease dated 16.04.2007. During the evidence the plaintiff tendered the said lease deed in evidence. The said lease deed was marked as Exhibit P-4. Although, the objection was raised qua documents, including the lease deed, however, the objection was kept open by the trial court. Thereafter the evidence of the plaintiff was closed on 04.04.2013. The evidence of the defendant was started. The defendant was granted as many as nine opportunities to lead its evidence. However, no evidence had be
The question of admissibility of an instrument under the Stamp Act must be decided forthwith when the document is tendered in evidence, and cannot be postponed or decided provisionally.
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements 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.
Documents marked as exhibits can be subsequently objected to for admissibility if not duly stamped, requiring judicial determination on the issue of admissibility.
Deficient stamp duty – Non-payment of stamp duty is a curable defect – Inadmissibility of insufficiently stamped instruments and impounding thereof, is a statutory mandate.
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
The court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
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