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1976 DIGILAW 89 (MP)

Radhaballabh v. Radhey Shyam

1976-08-24

J.S.VERMA

body1976
Short Note : Held: The first objection of the defendant is that the hundi on which the suit is based is not duly stamped on account of which it is not admissible in evidence. There can be no doubt that this question has to be decided at the out set so that in case the decision of the trial Court on merits is against the defendant, he can agitate that question in this Court by way of a revision before the document is admitted in evidence and attracts section 36 of the Stamp Act to conclude the objection. Similarly, the issue relating to limitation is required to be treated and decided as a preliminary issue. Shri P. C. Pathak, learned counsel for the non-applicants, is unable to controvert this argument of Shri Pandit which is based on the settled position of law on both these points. This revision has, therefore, to be allowed to this extent. 2. Consequently, this revision succeeds and is allowed with the result that the trial Court's impugned order dated 7-8-1973 is set aside to the extent that it rejects the defendant's request for considering and deciding both the aforesaid questions at the outset. The trial Court shall now proceed to decide both these questions treating them as preliminary issues in the suit. Revision allowed.