HEMANT GUPTA, J. -
(1.) Leave granted.
(2.) The challenge in the present appeal is to an order passed by the High Court of Orissa on 24th January, 2019 whereby the petition
filed by the appellant under Article 227 of the Constitution of India,
dismissing an application filed by the appellant under Order XIII Rule 8 of the Code of Civil Procedure, 1908, for short, 'Code' to impound the power
of attorneys (Exts. 4 and 5), was dismissed.
(3.) The plaintiffs-respondents instituted a suit for partition through their power of attorney holder Kishore Chandra Behera (PW-1).
During the cross-examination of PW-1, the present appellants filed
an application under Order XIII Rule 8 of the Code to impound the
power of attorneys, Exts. 4 and 5, inter alia, for the reason that
such power of attorney is to be treated as Conveyance within the
meaning of Article 23 of the Indian Stamp Act, 1899, for short, 'Act' as amended
by Orissa Act No. 1 of 2003 w.e.f. 20 th January, 2003. The amended
Schedule IA reads as under:
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