JAGAT NARAYAN, J. - (1.) THIS is a defendant's revision application against an order of the Additional Civil Judge, Jaipur City, holding that the suit document is admissible in evidence.
(2.) THE contention on behalf of the applicant is that the document amounts to a promissory note and that it is not sufficiently stamped. THE trial court held that the document is not a promissory note and further, that even assuming that it is a promissory note it is duly stamped. In my opinion the document is duly stamped even if it is taken to be a promissory note. The amount which the executant promised to pay under the document is a sum of Rs. 6, 000/ -. Under article 49 it is chargeable with a duty of 25 Naye Paise. It is however written on an impressed stamp of rupee one. The contention on behalf of the applicant is that under rule 14 (i) of the Rajasthan Stamp Rules 1955 it should bear an adhesive stamp and as it bears an impressed stamp it cannot be considered to be duly stamped. Rule 6 of the Rajasthan Stamp Rules runs as follows: - Promissory note and bills of exchange.- A promissory note or bill of exchange shall except as provided by sec. 11 or by rules 14 and 19 be written on paper on which a stamp of the proper value, with or without the word "hundi", has been engiaved or embossed. " 6. From the above rule it is clear that the provision of law is that a promissory note shall be written on a paper bearing an impressed stamp except as provided by rule 14, the relevant part of which runs as follows: - "14. Use of adhesive stamps on certain documents.- The following instruments may be stamped with adhesive stamps, namely: - (1) Promissory notes payable on demand when the amount or value exceeds Rs. 250/-; It is clear from the above rule that it is merely a permissive one, permitting the use of an adhesive stamp on promissory notes payable on demand when the amount or value exceeds Rs. 250/ -. The rule does not lay down that such a promissory note shall be stamped with adhesive stamps of the requisite value. The result is that a promissory note exceeding Rs. 250/- in value can be written on a paper having an impressed stamp or it can be stamped with adhesive stamps of the requisite value. I accordingly find that the promissory note in suit bears stamp of the proper description but of a higher value than that required under article 49. It is settled law that if a document bears a stamp of the proper description but of a higher amount than that required under the Stamp Act then it is to be treated as being duly stamped. The promissory note in suit is thus duly stamped. The revision application is accordingly dismissed. . ;