Case Note & Summary
The plaintiff filed a suit for recovery of Rs.28,06,000/-. During trial, the plaintiff produced a deed of agreement dated 24.05.1996, which was marked as Ex.P1 without any objection from the defendant. Subsequently, the defendant filed an application under Sections 33, 34 and 37 of the Karnataka Stamp Act, 1957 seeking impounding of the document on the ground that it was insufficiently stamped. The trial court allowed the application and directed impounding of Ex.P1 and calculation of duty and penalty. The plaintiff challenged this order by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court held that once a document is marked without objection, Section 35 of the Karnataka Stamp Act, 1957 comes into play and the marking cannot be questioned by the parties at any subsequent stage in the same suit or proceeding on the ground that the instrument has not been duly stamped. The court observed that the trial court had erred in allowing the application for impounding after the document was already admitted without objection. Accordingly, the High Court quashed the impugned order and allowed the writ petition.
Headnote
A) Stamp Act - Admissibility of Document - Section 35 Karnataka Stamp Act, 1957 - Once a document is marked as an exhibit without objection from the other side, Section 35 of the Act operates as a bar against any subsequent challenge to its admissibility on the ground of insufficient stamp duty. The court held that the trial court erred in allowing the application for impounding after the document was already admitted without objection. (Paras 4-5) B) Stamp Act - Impounding - Sections 33, 34, 37 Karnataka Stamp Act, 1957 - The power to impound under these sections does not extend to documents that have already been admitted in evidence in a suit. The court clarified that once a document is marked without objection, the provisions for impounding cannot be invoked at a later stage. (Paras 4-5)
Issue of Consideration
Whether a document which has been admitted in evidence without objection can be impounded under Sections 33, 34 and 37 of the Karnataka Stamp Act, 1957 at a subsequent stage of the same suit.
Final Decision
Writ petition allowed. Impugned order dated 27.07.2010 passed by the City Civil Judge in O.S. No.3086/2007 on I.A.No.2 is quashed. I.A.No.2 stands dismissed.
Law Points
- Section 35 of Karnataka Stamp Act
- 1957 bars objection to admissibility of document after it is marked without objection
- Section 33 of Karnataka Stamp Act
- 1957 does not apply to documents already admitted in evidence
- Section 34 of Karnataka Stamp Act
- 1957
- Section 37 of Karnataka Stamp Act
