Case Note & Summary
The petitioner, defendant No.4 in Special Civil Suit No.167 of 2012, filed a writ petition challenging the order dated 24.01.2019 passed by the 8th Joint Civil Judge, Senior Division, Aurangabad, rejecting her application (Exh.88) for impounding a document. The suit was filed by respondent No.1 (plaintiff) for specific performance of an agreement of sale dated 04.05.2009 regarding property Plot No.A-17. During the plaintiff's examination-in-chief, the agreement was tendered and exhibited as Exh.82 without any objection from any party. Subsequently, the petitioner filed an application under Section 33 of the Maharashtra Stamp Act, 1958 seeking impounding of the document on the ground that it was insufficiently stamped. The trial court rejected the application, holding that since the document was already exhibited without objection, it could not be impounded. The High Court upheld this decision, relying on the principle that once a document is admitted in evidence without objection, the party cannot later raise an objection regarding its admissibility. The court noted that the petitioner had ample opportunity to object at the time of exhibition but failed to do so. The writ petition was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Evidence - Exhibition of Document - Waiver - Once a document is exhibited without objection from any party, the right to object to its admissibility on the ground of insufficient stamp duty is waived - The court cannot subsequently impound the document under Section 33 of the Maharashtra Stamp Act, 1958 - Held that the trial court rightly rejected the application for impounding as the document was already exhibited without objection (Paras 5-7).
Issue of Consideration
Whether a document which has been exhibited in evidence without any objection can be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage?
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order rejecting the application for impounding. No order as to costs.
Law Points
- Impounding of document
- exhibition without objection
- waiver of right to object
- Section 33 Maharashtra Stamp Act
- 1958
- Section 35 Indian Stamp Act
- 1899
Case Details
2019 LawText (BOM) (04) 21
Writ Petition No.2810 of 2019
Shri Nikhil S. Tekale for Petitioner, Shri Ajit D. Kasliwal for Respondent No.1
Priya D/o. Narayan Puthan
Parushuram Printers, Atul S/o Narayan Puthan, Ajay S/o. Narayan Puthan, Sharda Wd/o Narayan Puthan, Mrs.Pankaj Suraj, Smita W/o. Pralhad Giri
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Nature of Litigation
Writ petition challenging order rejecting application for impounding of document in a civil suit for specific performance.
Remedy Sought
Petitioner sought impounding of an agreement of sale dated 04.05.2009 under Section 33 of the Maharashtra Stamp Act, 1958.
Filing Reason
Petitioner alleged that the agreement of sale was insufficiently stamped and should be impounded.
Previous Decisions
The trial court rejected the application (Exh.88) on 24.01.2019, holding that the document was already exhibited without objection and could not be impounded.
Issues
Whether a document exhibited without objection can be impounded under Section 33 of the Maharashtra Stamp Act, 1958 at a later stage?
Submissions/Arguments
Petitioner argued that the document was insufficiently stamped and should be impounded under Section 33 of the Maharashtra Stamp Act, 1958.
Respondent No.1 argued that since the document was exhibited without objection, the right to object was waived and the application was rightly rejected.
Ratio Decidendi
Once a document is exhibited in evidence without any objection from any party, the right to object to its admissibility on the ground of insufficient stamp duty is waived. The court cannot subsequently impound the document under Section 33 of the Maharashtra Stamp Act, 1958.
Judgment Excerpts
It is not in dispute that the plaintiff tendered the alleged agreement of sale during the course of her examination-in-chief in the aforesaid Suit. It is further not in dispute that the said document has been exhibited by the Trial Court and no objection was raised by any of the parties to the said Suit when the Court exhibited the said document at Exh.82.
In the present case, admittedly, the document was exhibited without any objection. The petitioner had ample opportunity to raise objection at the time of exhibition but she did not do so. Therefore, the trial court rightly rejected the application for impounding.
Procedural History
The petitioner (defendant No.4) filed an application (Exh.88) in Special Civil Suit No.167 of 2012 before the 8th Joint Civil Judge, Senior Division, Aurangabad, seeking impounding of an agreement of sale dated 04.05.2009. The trial court rejected the application on 24.01.2019. Aggrieved, the petitioner filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Maharashtra Stamp Act, 1958: 33
- Indian Stamp Act, 1899: 35
