1. Heard.

2. Challenge in this petition under Article 227 of the Constitution is made to order Annexure P-l dated 14.1.2005 passed by First Additional District Judge, Guna in Civil Suit No. 42-A/04 whereby petitioner is directed to pay stamp duty and penalty on the document for the purpose of taking it on record and admitted it in evidence.

3. Facts in brief necessary for disposal of this petition are that petitioner had filed a suit for specific performance of agreement to sale dated 29.12.2002 Annexure P-2. The written statement was filed and respondent defendant denied the execution of the agreement and contended that agreement dated 29.12.2002 is a forged and fabricated document, it is not signed by defendant/respondent. During the pendency of the proceedings, an application under Order 13 Rule 3 of the CPC was filed and agreement dated 29.12.2002 was produced. An objection was raised with regard to improper stamping of the said document. The said document was executed after payment of only Rs. 50/- as stamp duty. It was stated by the respondent that under Article 23 of the Schedule 1 (A) of the Indian Stamp Act the stamp duty is to be paid as the document con