Rajasthan Court March 1956 Judgments

Jaidayal Shanti Kumar and anr. Vs. Gajadhar and ors.

Court: Rajasthan

Reported in: AIR1956Raj155

Wanchoo, C.J.1. These are two connected civil references by the Board of Revenue under Section 57 of the Stamp Act as adapted to Rajasthan by the Rajasthan Stamp Law (Adaptation) Act (No. VII of 1952) (hereinafter to be referred to as the Rajasthan Act). As the point raised in the two references is exactly the same, we propose to decide it by one judgment.2. We set out briefly the facts which have led to these references. Two suits were pending before the Civil Judge, Gangapur, on two hundis. In both cases the hundis are said to bear sufficient stamps But of improper description. Therefore, the plaintiffs of the two suits applied to the Collector for a certificate under S- 37 of the Stamp Act.The Collector refused to give the certificate holding that he could not issue a certificate under that section till rules were framed by the State Government as provided therein. He was of the view that the Jaipur Stamp Rules which were in force could not be said to have continued after the coming...