JAGAT NARAYAN, J. - (1.) THIS is a revision application against an order of the Civil Judge, Bhilwara, holding that the two Hundis in suit are not sufficiently stamped.
(2.) ONE Hundi was executed on Baishak Bad 7, S. 2017. It was payable on Jeth Bad 7, S. 2017. The other Hundi was executed on Baishak Bad 13, S. 2017 and was payable on Jeth Bad 13, S. 2017. The contention on behalf of the plaintiffs-applicants before the learned Civil Judge was that these Hundis are bills of exchange as defined under sec 2 (2) of the Stamp Act and are payable on demand and so they are not liable to any stamp duty. The learned Civil Judge however was of the opinion that as they were payable on a stated period they cannot be held to be payable on a demand. The learned Civil Judge overlooked the provisions of sec 2 (3) (b) of the Stamp Act under which an extended meaning is given to the expression "bill of exchange payable on demand". It includes an order for the payment of money weekly, monthly or at any other stated periods. If the whole of the amount of the Hundi is payable on a stated date then the Hundi falls under clause (b) of sub-sec. (3) of sec 2 and is a bill of exchange payable on demand. Under article 13 of the Stamp Act a bill of exchange payable on demand is not liable to any stamp duty. I accordingly allow the revision application, set aside the order of the trial court and hold that both the Hundis are sufficiently stamped as they do not require any stamp duty. The costs of this revision application shall abide the final result of the suit. .;