JUDGMENT 1. - This petition is directed against the order dated 10.1.1996 of the learned Addl. Distt. Judge No. 1, Jodhpur passed in Civil Original Suit No. 146/95 whereby the learned Addl. Distt. Judge on the application moved by the petitioner, the deficient stamp and penalty payable by the petitioner on the instrument dated 25.10.1994. 2. I have heard learned counsel for the petitioner and non-petitioner. 3. Learned counsel for the petitioner has made a grievance for the penalty determined by the learned trial Court is very excessive and it must be reduced. However, under proviso (a) of Section 35 of the Indian Stamp Act, the penalty equal to ten times excess duty is to be paid. The learned trial Court has determined the above deficiency of Stamps and also the amount of penalty on the request of the petitioner made vide his application dated 14.12.1995. 4. The order is in accordance with the proviso (a) of Section 35 of the Act and calls for no interference. 5. The revision petition is, therefore, dismissed.Revision Dismissed. *******