Rajasthan Court December 1972 Judgments

Firm Poonam Nahta Vs. Amarchand and ors.

Court: Rajasthan

Reported in: 1972WLN1124

V.P. Tyagi, J.1. In a suit filed by respondent no. 1 Amar Chand against non-petitioners no. 2 to 5 an order was passed by the trial court under Order 38 Rule 6 C.P.C. that the amount of M/s Krishna Bros. lying with the Central P.W.D. may be attached. Having felt aggrieved by that order the petitioner filed objection under Order 21 Rule 58 C.P.C. and submitted in support of this claim four documents dated 22.3.69, 30.4.69, 14.6.69 and 6.8.69. The plaintiff objected the admissibility of these instruments in evidence on the ground that they were not property stamped. An issue was framed by the trial court and after examining the documents the learned Judge held that the instruments dated 30.4.69 14.6.69 and 6.8.69 were bonds in respect of the amounts Rs. 39500/- Rs. 11000/-, and Rs. 31000/- respectively and since they were not properly stamped they could not be admitted in evidence unless the stamp duty along with the penalty was paid by the petitioner. This order of the learned Additiona...