Kanhaiya Lal v. Addl. District Judge No. 1, Sri Ganganagar
2013-01-30
ARUN BHANSALI
body2013
DigiLaw.ai
JUDGMENT : Arun Bhansali, J. Heard learned counsel for the parties. 2. This writ petition is directed against the order dated 19.09.2006 passed by the learned trial court, whereby, on an application filed under Section 35 of the Indian Stamp Act, 1899 as adapted by the State has been rejected inter alia holding that whether the document is sufficiently stamped or not and what would be its implication would be decided at the time of final arguments. 3. The procedure adopted by the learned trial court is apparently incorrect. Once the objection about admissibility of the document on account of it being insufficiently stamped is raised during the examination of a witness or otherwise, it is imperative for the Court to decide whether the document is sufficiently stamped or not and thereafter take proceedings in accordance with its decision on the said application. 4. In that view of the matter, the order impugned dated 19.09.2006 is set aside. The learned trial court is directed to first decide the admissibility of the document on account of the same being allegedly insufficiently stamped and thereafter proceed with the matter. The writ petition is allowed in above terms. No costs.