JUDGMENT :

Withthe consent of parties, the matter is heard finally.

2.In this writ petition under Article 227 of the Constitution of India thepetitioners have challenged the validity of the order dated 8-8-2011 passed by the Trial Court. Inorder to appreciate the petitioner's challenge to the impugned order, few factsneed mention which are state infra.

3.The respondents-plaintiffs filed the suit for specific performance of thecontract on the basis of an agreement dated 25-7-2006. Under the agreement, out of total considerationof Rs. 11,01,000/-, sum of Rs. 6,01,000/- was paid to the defendants by way of cheques. The plaintiff submitted his examination-in-chiefunder Order 18 Rule 4 of the Code of Civil Procedure. On behalf of thedefendants another agreement dated 5-8-2006 was produced in which the amount ofsale consideration was mentioned as Rs. 25 lacs and an amount of Rs.6,01,000/- was paid under the agreement to the defendants and the amount of Rs. 18,99,000/- was shown payable to the defendants. Anobjection was raised by the Counsel for the plaintiffs with regard to theadmissibility of the aforesaid agreement dated 5-8-2006 on the ground that thesame was insufficiently stamped in view of the amendment made in the IndianStamp Act, 1899 (for short 'the Act') as applicable to the State of MadhyaPradesh which came into force on 13-8-2002.

4.The Trial Court thereupon directed the petitioners that in case they want totender the aforesaid agreement in evidence, they will have to pay a sum of Rs. 24,950/- by way of duty and a sum of Rs. 2.5 lacs by way of penalty.Accordingly, the petitioners were granted time to deposit the amount of dutyand penalty, in case they wanted to exhibit th