Page 1 of 6

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (227) No.592 of 2014

Smt.Alka Pant, aged about 52 years, W/o Late Shri Maheshchand

Pant, R/o Nehru Nagar, Shiwam Heights, H. No.103, First Floor,

Bilaspur, P.S. Civil Lines, Dist: Bilaspur (CG)

----Petitioner

Versus

Abhishek Jaiswal, aged about 31 years, S/o Late Shri K.B. Jaiswal,

R/o 27 Kholi, Vikas Nagar, Bilaspur, P.S. Civil Lines, Dist: Bilaspur

(CG)

---- Respondent

---------------------------------------------------------------------------------------------

For Petitioner

:

Mr.B.P.Gupta, Advocate

For Respondent

:

Mr. Ali Asgar, Advocate

---------------------------------------------------------------------------------------------

Hon'ble Shri Justice Sanjay K. Agrawal

Order on Board

18/04/2017

Heard.

1. The trial Court by the impugned order dated 22.7.2014

rejected the objection of the defendant objection finding that

the agreement dated 9.4.2012 is not admissible and it cannot

be marked as exhibit, against which, this writ petition under

Article 227 of the Constitution of India has been filed.

2. Learned counsel for the petitioner would submit that the

agreement dated 9.4.2012 is a bond and not an agreement

and therefore, the impugned order deserves to be set aside.

3. On the other hand, learned counsel for the respondent would

oppose the writ petition and submit that it is out and out

Page 2 of 6

agreement, therefore, the trial Court is absolutely justified in

rejecting the objection of the petitioner/defendant.

4. I have heard learned counsel appearing for the parties,

considered their rival submissions made herein and also gone

through the record with utmost circumspection.

5. The definition of bond given in Section 2(5)(b) of the Indian

Stamp Act, 1899 read as under:-

"Bond" includes:

(a) any instrument whereby a person obliges himself

to pay money to another, on condition that the

obligation shall be void if a specified act is performed,

or is not performed, as the case may be;

(b) any instrument attested by a witness and not

payable to order or bearer, whereby a person obliges

himself to pay money to another; and

(c) any instrument so attested whereby a person

obliges himself to deliver grain or other agricultural

produce to another.

6. The definition of bond is inclusive definition and the bond as

defined in Section 2(5)(b) is to be given the widest meaning.

An instrument which satisfies the conditions mentioned in the

above section is included within definition of bond. The

necessary requisites of bond are that the instrument should

be signed, attested by witness, not payable to order or bearer

and by the instrument a person should oblige himself to pay

money to another or to deliver grain or other agricultural

produce to another.

7. The Full Bench of the Madhya Pradesh High Court in the

matter of Santsingh

Ladharam v. Madandas Gyandas

Panika and Anr.¹, has noted the essentials of the bond as

under:-

1 1976 MPLJ (FB) 238

Page 3 of 6

“5. …….The essentials of a bond are:

(1) There must be an undertaking to pay;

(2) The sum should be a sum of money but not

necessarily certain;

(3) The payment will be to another person named in

the instrument;

(4) The maker should sign it;

(5) The instrument must be attested by a witness;

and

(6) It must not be payable to order or bearer.”

8. In the present case, the order of the trial Court has been

challenged that the document in question is not an

agreement. For determining the true character of an

instrument, the instrument is required to be read as a whole

and its dominant purpose is to be ascertained. The basic

difference between the bond and the agreement is that in the

case of bond, in the event of breach, the party to the

instrument, who is obliged to pay, is liable to pay the sum

stipulated in the instrument whereas in the case of

agreement the quantum of damages is