48. Persons paying duty or penalty may recover the same in certain cases.
(1)When any duty or penalty has been paid under section 39, section 41, section 44 or section 45, by any person in respect of any instrument, and by agreement or under the provisions of section 32, or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.(2)For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified.(3)Such amount may, if the Court thinks fit, be included in any order as to costs in any suit in or proceeding to which persons are parties and in which such instrument has been tendered in evidence and if the Court does not include the amount in such order, no further proceeding for the recovery of the amount shall be maintainable.Analogous Law. - Section 44 of the repealed Act.
