NAGALA DINNE ERRANNA Vs. ANGADI MODAPPA
HIGH COURT OF ANDHRA PRADESH
NAGALA DINNE ERRANNA
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Raju, J. -
(1.) This Revision Petition is directed against a finding of the Court of Dt. Munsif Adoni, on a preliminary issue in a suit instituted on the foot of a promissory note.
(2.) The 1st respondent instituted a suit for recovery of certain sum of money on the foot of a promissory note. The present petitioner and his brother (the defendants in the action) pleaded inter alia that the suit promissory note, not having been properly stamped, was not admissible in evidence. There were other pleas taken by the defendants. But as this plea that the srit promissory note is not valid and is not enforceable in Jaw would, if held, in favour of the defendants render the trial of the other issues unnecessary, it was taken up as a preliminary issue. On a consideration of the various contentions raised before him, the Munsif held that the document, having been certified to be duly stamped by the Collector, is valid and found issue No. 2 in favour of the plaintiff.
(3.) For a proper appreciation of the question which arises for consideration in this revision petition, it is necessary to read the relevant provisions of the Indian Stamp Act. Section 35, which pro-vides that instruments not duly stamped are inadmissible in evidence, reads as follows :- "No instruments chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: Provided that -- (a) any such instrument not being an instrument chargeable with a duty not exceeding, ten naye Paise, only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty together with a penalty of five rupees or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion.";
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