Section 10 in Rules Under the Court-Fees Act, 1870
10. All documents filed in Court, either alongwith the plaint or thereafter, should be examined at the time of presentation in Court to find out whether proper duty has been paid and whether they are liable to penalty under Section 35, Stamp Act. Such inspection should not be deferred till the time when the documents are actually sought to be admitted in evidence. The necessity for this early examination is apparent, for a Judge engaged in recording evidence may find difficulty in examining from the revenue angle all documents tendered to a witness for proof. Further, under Section 36, Stamp Act, once a document has been admitted in evidence the admission cannot be called in question at any stage of the same suit by the trying Court. This provision makes examination of the document immediately on production before the Court necessary, as an erroneous admission cannot be questioned except in a higher Court under Section 61, Stamp Act. The initial checking of such documents may be done by a senior clerk but it is primarily the duty of the Judge who should therefore effectively supervise his subordinate's check.
