Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Raman Wadhwa – Appellant
Versus
Satnam Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. This civil revision has been filed by the petitioner under Article 227 of the Constitution of India for setting aside the impugned order dated 23.07.2025 (Annexure P-6) passed by learned Civil Judge (Junior Division), Tarn Taran vide which photocopy of the agreement to sell was ordered to be not impounded, but deficient stamp duty and penalty was ordered to be paid.
2. The order has been assailed on the grounds that as per provisions of Sections 33 and 35 of the Stamp Act, 1899 only an original document can be validated and photocopy of the document cannot be validated.
3. I have heard learned counsel for the petitioner and gone through the impugned order minutely.
4. After perusal of impugned order relevant extract of para No.6 of the same are reproduced as under:-
“6. The present suit has been filed by the plaintiffs for possession of suit property by way of specific performance of agreement to sell dt. 05.03.2018 allegedly executed by deceased Roshan Singh predecessor in interest of the defendants who are contesting the present suit being legal heirs of deceased Roshan Singh. The contesting defendants have denied execution of agreement to sell dt.
Only original documents can be validated under the Indian Stamp Act; photocopies cannot be validated or impounded, irrespective of secondary evidence provisions.
Only original documents can be validated under the Indian Stamp Act; photocopies are inadmissible for legal purposes, reinforcing established principles regarding document admissibility.
A photocopy of a document is inadmissible as secondary evidence if the original document is not duly stamped, per the Indian Stamp Act.
Secondary evidence of agreements not duly stamped cannot be admitted in court unless the original instrument is produced and corrected as per legal requirements.
Point of law : Even a copy of the original document whether certified or not and whether a fascimile image or otherwise of the original is chargeable with duty of an amount which is indicated in Sche....
Once a document is admitted as evidence, deficiencies in stamp duty cannot be questioned, and a photocopy cannot be impounded if the original is attached in another case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
