Shrivastava, J. -- 1. This writ petition has been filed by the petitioner challenging the order dated 3.12.2008, passed by the Court of I Additional District Judge, Ratlam in Case No. 8-B/08 holding the document dated 16.10.2002 to be bond and directing the plaintiff to pay appropriate stamp duty as per the provision of Indian Stamp Act before admitting the document in evidence.

2. The petitioner-plaintiff has filed the suit for recovery against the respondent-defendant on the basis of the document in question dated 16.10.2002. The trial Court by the order dated 3.12.2008 examined the nature of the document and held it to be bond and further held that as per Article 12 of Schedule I-A of the Indian Stamp Act duty was payable at the rate of 4% whereas the document was executed only on the Stamp of Rs.100/- which was not on adequate stamp, therefore, not admissible in evidence. The trial Court directed the petitioner to pay proper stamp duty and penalty as per the provisions of Stamp Act before admitting the document in evidence. Aggrieved with this order petitioner has filed the present writ petition under Article 227 of the Constitution of India.

3. Learned counsel appeari