Arun Mishra, J.

( 1. ) Writ petition has been filed as against the interlocutory order dated 20.3.2006 passed by 1st Addl. District Judge, Shahdol in civil suit no.9-B/ 2004 holding the document to be bond and recovery of payment of deficit stamp duty from respondent.

( 2. ) Petitioner has been asked to make the payment of stamp duty and penalty treating the document as bond, hence the instant writ petition has been filed by the plaintiff-petitioner.

( 3. ) The plaintiff has filed the suit for recovery in the sum of Rs.1,65,000/-on the ground that defendant- respondent has obtained sum of Rs. one lac from the petitioner on 23.4.2002. He executed a promissory note to repay the same amount on demand. When the document was tendered in the evidence, application was filed by the defendant u/s151 of CPC as to admissibility of the document in evidence on the ground that it does not bear stamp duty and penalty.

( 4. ) The trial court has held the document to be a bond not a promissory note and has ordered for stamp duty as prescribed under Schedule 1, Article 15 of the Stamp Act together with penalty. It has been held by the trial court that document could be admitted in evidence. The