Rajasthan High Court - Jodhpur
Janki Devi vs Nand Lal & Anr on 7 February, 2013
Author: Gopal Krishan Vyas
Bench: Gopal Krishan Vyas
1
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.10808/2009 (Janki Devi Vs. Nand Lal & Anr.) Date of Order :: 07.02.2013 HON'BLE MR JUSTICE GOPAL KRISHAN VYAS Mr. S.L. Jain, for the petitioner.
Mr. Narpat Singh, for respondents.
Heard learned counsel for the parties.
In this writ petition filed under Article 227 of the Constitution of India, it is pleaded by the petitioner that order impugned dated 20.10.2009 has been passed by the trial Court whereby trial Court refused to accept the agreement in question admissible in evidence for the reason that it is not properly stamped but while passing the said order, the trial Court completely ignored Section 37 of the Rajasthan Stamps Act, 1998 in which there is provision to impound the document for the purpose of determination of stamp duty and an opportunity to furnish the stamp duty as per determination made by the competent authority, therefore, the order impugned may be quashed and trial Court may be directed to impound the said document for determination of stamp duty.
After perusing Section 37 of the Rajasthan Stamps Act, 1998, I deem it proper to dispose of this writ petition with opportunity to the petitioner to file application under Section 37 2 of the Raj. Stamps Act, 1998 for impounding the said document for determination of the stamp duty before the competent authority and in the event of filing such application, the trial Court is directed to impound the said document for the purpose of determination of stamp duty and after determination of stamp duty, the petitioner plaintiff may be granted an opportunity to furnish the said stamp duty and thereafter, the question of admissibility of the documents may be decided afresh.
With above observation/direction, this writ petition is disposed of.
(Gopal Krishan Vyas), J.
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