Objection To Admissibility Of Document For Insufficiency Of Stamp Has To Be Taken When It Is Tendered In Evidence ; Court Cannot De-Exhibit It Later

Case details

Sirikonda Madhava Rao vs N. Hemalatha | 2022 LiveLaw (SC) 970 | SLP(C) 14882-14883/2022 | 14 Nov 2022 | Justices Sanjiv Khanna and J K Maheshwari

For Petitioner(s) Mr. Y. Krishnamurthy, Adv. Mr. T. V. George, AOR; For Respondent(s) Mr. B. Adinarayana Rao, Sr. Adv. Mr. B. Suyodhan, Adv. Mr. Kumar Shashank, Adv. Ms. Tatini Basu, AOR

Headnotes

Civil Trial - Once a document has been admitted in evidence, such admission cannot be called in question at any stage of the suit or proceedings on the ground that the instrument has not been duly stamped. Objection as to admissibility of a document on the ground of sufficiency of stamp, has to raised when the document is tendered in evidence. Thereafter, it is not open to the parties, or even the court to reexamine the order or issue - Referred to Javer Chand and Ors. Vs. Pukhraj Surana, (1962) 2 SCR 333 and Shyamal Kumar Roy Vs. Sushil Kumar Agarwal, (2006) 11 SCC 331.