Court : Orissa
Decided on : Oct-28-1999
Reported in : 90(2000)CLT122; 1999(II)OLR642
..... p.k. misra, j.1. defendant in a pending suit has filed this revision under following circumstances :plaintiff-opposite party has filed title suit no. 270/95 for dissolution of partnership, rendition of accounts, permanent injunction, eviction and other ancillary reliefs. in course of trial of the suit, a document has been admitted into evidence on the side of the defendant ..... regarding the inadmissibility of the document on the ground of insufficiency of stamp. this position is clear in view of the provisions contained in sections 35 and 36 of the indian stamp act. these provisions have been interpreted and explained in the decisions reported in air 1961 supreme court 1655 (javer chand and ors. v. pukhraj surana) and 37 (1971) clt 839 ..... raised before the very same trial court either by the adversary or by the court itself. it is not disputed that no action as contemplated under section 61 of the indian stamp act has been taken. thus, the trial court purported to exercise jurisdiction not vested in it by calling upon the defendant to pay the stamp duty on the document. on ..... have been raised either by the other side or by the trial court itself. for the aforesaid purpose, the counsel has placed reliance upon sections 36 and 61 of the indian stamp act.4. from the record it appears that ext. a had been admitted into evidence on 18.7.1998 without any objection being raised regarding its inadmissibility on account of .....Tag this Judgment!