Rohit Arya, J.

1. This petition, under Article 227 of the Constitution of India, by defendants is directed against the order dated 8-4-2010 passed by I ADJ, Gwalior in Civil Suit No. 2A/09, dismissing defendants’ application under section 35 of the Indian Stamp Act (for short "the Act"), as well as, amendment application under Order 6, Rule 17 , Civil Procedure Code.

2. Facts necessary for disposal of this petition are to the following effect:

Respondent No. 1/plaintiff has filed a suit for declaration, possession and injunction against petitioners and respondent Nos. 2 and 3, alleging that the suit land situated at Village Thati, District Gwalior, was sold by him to the petitioners-defendants and respondent No. 2 for a total sale consideration of Rs.1,27,000,00/- and agreement to sale was executed for the same amount i.e. Rs.1,27,000,00/-, but, later on sale deed of the aforesaid land was executed on 30-3-2007 for Rs.38,30,000/- only and the same was registered on 27-7-2007. It was alleged that to avoid stamp duty, the sale deed was undervalued and, therefore, less stamp duty was paid by respondents-defendants. Besides, the complete consideration amount was also not paid as de