Research › Browse › Judgment

Madhya Pradesh High Court · body

1977 DIGILAW 274 (MP)

Babulal Ram Dayal Swarnkar v. Malam Singh

1977-08-05

U.N.BHACHAWAT

body1977
Short Note : 1. It was plaintiff's revision who had filed a suit for recovery of Rs. 126.35. The suit was based on a document Ex. P-1, which wag signed by the defendant. The trial Court dismissed the suit, holding that the document Ex. P-1 was bond and it was insufficiently stamped and it was inadmissible in evidence. Held : Finding of the trial Court is strange one. The document is admitted into the evidence without there being any objection to its admissibility and the plaintiff has also proved it. It was expected of the trial Court to have referred to section 36 of the Stamp Act, which clearly says that when once a document is admitted into evidence no objection to its admissibility at any subsequent stage can be raised. Suit decreed. Revision allowed.