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Bala Raghu Dhanwade Vs. Bhiku Genu Jambhale - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberSecond Appeal No. 5 of 1922
Judge
Reported inAIR1923Bom412; (1923)25BOMLR450; 73Ind.Cas.125
AppellantBala Raghu Dhanwade
RespondentBhiku Genu Jambhale
DispositionAppeal allowed
Excerpt:
indian stamp act (ii of 1899), section 86 - document-admission into evidence-document cannot be questioned subsequently for want of stamp.; when a document has been admitted in evidence in the trial court, it cannot be called in question in the suit on the ground that the document was not duly stamped, as provided by section 36 of the indian stamp act 1899.;devachand v. hirachand kamaraj (1889) i.l.r. 13 bom. 449, f.b. and shiddapa v. irava (1893) i.l.r. 18 bom. 737 followed. - .....v. hirachand kamaraji i.l.r. (1889) 13 bom. 449 and the decision in shiddapa v. irava i.l.r. (1893) 18 bom. 737 which decided that when a document has been admitted in evidence in the trial court, it cannot be called in question in the same suit on the ground that the document was not duly stamped. this is now provided by section 36 of the indian stamp act of 1899 which corresponds with section 34, proviso iii, of the act of 1879, on which those decisions were based. we, therefore, allow the appeal and restore the decree of the trial court with costs throughout.
Judgment:

Norman Macleod, Kt., C.J.

1. The learned Judge varied the decree of the trial Court on account of the promissory note sued on not being sufficiently stamped. There is no reference in the judgment to the Full Bench decision in Devachand v. Hirachand Kamaraji I.L.R. (1889) 13 Bom. 449 and the decision in Shiddapa v. Irava I.L.R. (1893) 18 Bom. 737 which decided that when a document has been admitted in evidence in the trial Court, it cannot be called in question in the same suit on the ground that the document was not duly stamped. This is now provided by Section 36 of the Indian Stamp Act of 1899 which corresponds with Section 34, proviso III, of the Act of 1879, on which those decisions were based. We, therefore, allow the appeal and restore the decree of the trial Court with costs throughout.


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