Section 151 CPC
Supreme Court rules on Court’s power under Section 151 CPC to recall insufficiently stamped instrument admitted and exhibited as evidence
Should the Court find the instrument to be chargeable with duty, but it is either not stamped or is insufficiently stamped, it is bound by Section 33 of the Karnataka Stamp Act, 1957 to impound the same. Section 34 also places a fetter on the Court’s authority to admit an instrument which, though chargeable with duty, is not duly stamped.
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Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.
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