R. S. Garg, J. -- 1. The petitioner/plaintiff being aggrieved by order dated 27.8.2008 passed in Civil Suit No. 48-A/2007 by the learned Additional District Judge, Indore holding the document dated 26.6.2000 (hereinafter referred to 'the Agreement') to be falling under Article 23 of Scheduled-IA of the Indian Stamp Act, requiring the plaintiff to pay the duty and penalty has come to this Court.

2. The short facts necessary for disposal of the present petition are that the plaintiff filed a suit for specific performance of the agreement dated 26.6.2000 with a submission that the property in dispute was agreed to be sold for a sum of Rs. 2,75,000/-, out of the said amount of Rs. 1,60,000/- was received by the defendant No.1 and possession of the property was delivered to the plaintiff and the fact was mentioned in the said agreement. He prayed for the specific performance of the contract, however, it is to be noted that he did not claim any relief for possession.

3. The defendant No. 1 appeared in the suit and submitted that the suit was barred by limitation and that possession was never delivered to the plaintiff. When the suit agreement was sought to be produced in the eviden