- (1.) THIS is a revision application by the defendant against an order of the Civil judge, Bikaner, returning a promissory note to the plaintiff for getting it certified by the Collector to be duly stamped under Section 37 of the Stamp Act read with rule 89 of the Rajasthan Stamp Rules 1955.
(2.) THE document in question is a promissory note for Rs. 5000/- executed on 128-81. Under Article 49 of the Stamp Act the stamp duty payable on it is 25 Naye paise. The promissory note is however stamped with four adhesive stamps of 10 naye Paise inscribed for use for revenue. 2a. The defendant took an objection that the promissory note should have been stamped with one revenue stamp of 25 Naye Paise and as this was not done it is not duly stamped and is inadmissible in evidence. The trial court agreed with the defendant that the promissory note was not duly stamped on this account but was of the opinion that the defect could be cured by obtaining a certificate of the collector under Section 37 of the Stamp Act. He accordingly ordered the return of the promissory note to the plaintiff for obtaining such a certificate.
(3.) AGAINST the above order the present revision application has been filed. It is contended that a document of the nature referred to in proviso (a) to Section 35, if not duly stamped cannot be made admissible in evidence by obtaining a certificate as provided under Section 37 of the Stamp Act. Reliance is placed on the decision of a learned Single Judge of the Andhra Pradesh High Court in N. D. Erranna v. Modappa, AIR 1963 Andh. Pra. 457.;