- (1.) Aggrieved by order dated 06.07.2015 in Title Suit No. 539 of 2013 whereby, the application seeking an order for impounding the documents and for realisation of penalty, if any, has been rejected, the present writ petition has been filed.
(2.) The petitioners are plaintiffs in Title Suit No. 539 of 2013. The suit was instituted for a declaration that registered sale deed dated 19.11.2010 and other sale deeds executed by defendant no. 1 or through defendant no. 8 are fraudulent, collusive and farzi transaction and thus, are not binding upon the plaintiffs. A further prayer for a decree for a sum of Rs. 15,55,644.88 with 22.5% per annum has also been made in the suit. In the pending suit only defendant no. 3 appeared though, steps for substituted service through paper publication was taken by the plaintiffs. The defendant no. 3 failed to file written statement and therefore, vide order dated 20.08.2014 she was debarred from filing written statement. In the pending suit, the plaintiffs made an application for impounding ext. 2 to 2(e).
(3.) The learned counsel for the petitioners refers to Section 33 and 35 of the Indian Stamp Act, 1899 and submits that to avoid a possible plea of inadmissibility of the receipts issued by the defendant no. 1, the petitioners filed application for impounding the said documents. It is contended that though, the petitioners are not liable to supply the deficit stamp fee for the receipts which were issued by the defendant no. 1 however, in order to overcome the provision under Section 35 of the Indian Stamp Act, 1899, the petitioners filed application dated 15.06.2015 for payment of stamp value and penalty, if any.;