Case Note & Summary
The petitioner, Bhupendrabhai Rambhai Patel, filed a suit for specific performance of an agreement for sale dated 07.06.2002, along with a prayer for recovery of possession of the suit field. The agreement was exhibited as Exh. 51 on 06.04.2009. Subsequently, on 29.04.2009, respondent No. 2 filed an application under Sections 33 and 34 of the Bombay Stamp Act, 1958, seeking to impound the document on the ground that it was insufficiently stamped. The trial court allowed the application and passed an order impounding the document. The petitioner challenged this order by way of a writ petition. The petitioner argued that the document had already been admitted in evidence, and therefore, under Section 35 of the Bombay Stamp Act, 1958, it could not be impounded. The petitioner also contended that the parties were ad idem that possession of the suit property was with respondent No. 1, and the stipulation in the agreement regarding delivery of possession was factually incorrect. The respondents opposed the petition, but the court found that the document was exhibited and admitted in evidence before the application for impounding was made. The court held that once a document is admitted in evidence, Section 35 of the Bombay Stamp Act, 1958 prohibits any further action for impounding. The court set aside the trial court's order impounding the document and directed the trial court to proceed with the suit in accordance with law.
Headnote
A) Stamp Act - Impounding of Document - Section 35 of Bombay Stamp Act, 1958 - Once a document is admitted in evidence, it cannot be impounded - The trial court erred in passing an order impounding the agreement for sale (Exh. 51) after it was exhibited on 06.04.2009, as Section 35 of the Bombay Stamp Act, 1958 bars such action - Held that the order impounding the document is without jurisdiction (Paras 2-4).
Issue of Consideration
Whether a document which has been exhibited and admitted in evidence can later be impounded under Sections 33 and 34 of the Bombay Stamp Act, 1958
Final Decision
The High Court allowed the writ petition, set aside the trial court's order impounding the document (Exh. 51), and directed the trial court to proceed with the suit in accordance with law.
Law Points
- Section 35 of Bombay Stamp Act
- 1958 prohibits impounding of document once admitted in evidence
- Section 33 and 34 of Bombay Stamp Act
- 1958 apply only before admission
- admission of document in evidence is final for stamp purposes
Case Details
2010 LawText (BOM) (07) 143
Writ Petition No. 3703 of 2009
Shri A.K. De for petitioner, Shri S.S. Alaspurkar for respondent No.1, Shri P.S. Patil for respondent No.2
Bhupendrabhai Rambhai Patel
Sau. Lilabai Mahadeorao Labde and Baban Rangraoji Khandar
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Nature of Litigation
Writ petition challenging order impounding an agreement for sale in a suit for specific performance
Remedy Sought
Petitioner sought setting aside of trial court's order impounding the agreement for sale (Exh. 51)
Filing Reason
Trial court passed order impounding the agreement for sale after it was exhibited, allegedly in violation of Section 35 of Bombay Stamp Act, 1958
Previous Decisions
Trial court allowed application of respondent No. 2 under Sections 33 and 34 of Bombay Stamp Act, 1958 and impounded the document
Issues
Whether a document admitted in evidence can be impounded under Sections 33 and 34 of the Bombay Stamp Act, 1958
Whether Section 35 of the Bombay Stamp Act, 1958 bars impounding after admission
Submissions/Arguments
Petitioner argued that document was exhibited on 06.04.2009 and admitted in evidence, so under Section 35 of Stamp Act, it cannot be impounded
Petitioner contended that parties were ad idem about possession being with defendant No.1, so stipulation in agreement was factually incorrect
Respondent No. 2 sought impounding on ground of insufficient stamp duty
Ratio Decidendi
Once a document is admitted in evidence, Section 35 of the Bombay Stamp Act, 1958 prohibits any further action for impounding the document, and the trial court cannot pass an order impounding it under Sections 33 and 34 of the Act.
Judgment Excerpts
In view of the provisions of Section 35 of The Bombay Stamp Act, 1958, as the document was exhibited and admitted in evidence, later on an order impounding it could not have been passed.
The document was exhibited on 06.04.2009 and on 29.04.2009, defendant No. 2 filed application under Sections 33 and 34 of the Stamp Act and sought an order impounding that document dated 07.06.2002.
Procedural History
Petitioner filed suit for specific performance based on agreement dated 07.06.2002. Agreement exhibited as Exh. 51 on 06.04.2009. On 29.04.2009, respondent No. 2 filed application under Sections 33 and 34 of Bombay Stamp Act, 1958 to impound the document. Trial court allowed application and impounded document. Petitioner filed writ petition challenging that order.
Acts & Sections
- Bombay Stamp Act, 1958: Sections 33, 34, 35
