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: Supreme Court

The Supreme Court observed that the 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, the bench of Justices Sanjiv Khanna and J K Maheshwari observed.

In this case, a document purporting to be an unregistered sale deed was marked as Exhibit by the Trial Court. Later, an application was filed by the defendants under Section 151 of the Civil Procedure Code to de-exhibit the document and the same was allowed by the Trial Court. The Telangana High Court dismissed the petition challenging this order. 

In appeal, the Apex Court bench observed that the order directing that the aforesaid document should be de-marked and not be treated as an exhibit, is not correct. Referring to judgments in Javer Chand and Ors. Vs. Pukhraj Surana, (1962) 2 SCR 333 and Shyamal Kumar Roy Vs. Sushil Kumar Agarwal, (2006) 11 SCC 331, the bench observed:

"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."

While setting aside the impugned order, the court clarified that it has not examined the question of effect of purported non-registration of the sale deed in terms of the Transfer of Property Act, 1882 and the Registration Act, 1908.

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.

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