IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK JAIN

th

ON THE 9 OF JANUARY, 2026

MISC. PETITION No. 7195 of 2025

SMT. SANTOSH SINGH AND OTHERS

Versus

SHRI MANOHARLAL SHEETALANI AND OTHERS

Appearance:

Shri Satish Kumar Dawra - Advocate for the petitioners.

Shri M.R. Choudhary - Panel Lawyer for the State.

ORDER is essential and as per the Stamp Duty payable in State of Madhya Pradesh, ad valorem fees @ 1% is payable whereas the agreement is written on stamp paper of Rs.100/-. The trial Court has held that an un-stamped document is not admissible for any purpose, i.e. either for real purpose or for collateral purpose and a photocopy cannot even be impounded by the Court for payment of proper stamp duty and therefore, on these grounds has rejected the application under Section 64 of BSA.

The present petition has been filed by the petitioners defendants

challenging the order dated 28.11.2025 passed by the trial Court, whereby application by the defendants No.1 to 3 under Section 64 of BSA 2023 has

been rejected.

2. The trial Court has rejected the application under Section 64 BSA

on the ground that the petitioners want to lead the secondary evidence of the document, w