R.Dayal, J. - (1.) This is a reference under Section 61 of the Indian Stamp Act by the Collector of Rampur. The document in suit was executed at Rampur. This document was filed along with the plaint in suit No. 4 in the court of the District Judge, Rampur. It had stamp sheets worth Rs. 300/-. The Munsarim reported that it should have borne a stamp of Rs. 375/- under Article 15 of Schedule 1-A of the U. P. Stamp (Amendment) Act No. XVII of 1948, that the document was liable to be impounded and that it could be used in evidence only on payment of the deficient stamp duty of Rs. 75/- and the penalty of Rs. 750/-. The District Judge ordered on this report : "Ask the plaintiff's counsel to meet the office report within a week." The deficiency in the stamp duty and the penalty pointed out were paid within the period allowed.
(2.) The defendant objected later that the document was not duly stamped. The learned District Judge disallowed the objection on the finding that the alleged deficit stamp duty and the necessary penalty had been paid.
(3.) The same day on which this objection was decided the learned District Judge marked the document as Ex. 1 after the defendant had admitted his signatures on it. No specific order, however, was made saying that the court was admitting the document in evidence.;