TMI Blog1937 (3) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... urt, Narasapur. The suit was upon a promissory note and the document was tendered in evidence, filed and proved in proof of the consideration for the note on 21st October 1932, and on the very same day the learned Judge delivered judgment decreeing the suit. On 15th February 1933, the office of the Subordinate Judge brought to his notice that Ex. A was not properly stamped and thereupon he impound ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but when once the document has been produced before the Court and tendered in evidence, the right of recovery is only by virtue of Section 44, Stamp Act. But in order to entitle the plaintiff to recover under that section, the amount must have been included in the costs at the time of the passing of the decree; or else he has no right to institute any proceeding in regard thereto. The Civil revis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment having been delivered in the suit, he has become functus officio and it is not therefore open to him to re-open the matter and impound the document: vide Khetra Mohan Saha v. Jamini Kanta AIR1927Cal472 . The only remedy of the Collector, if any, is to move Under Section 61, Stamp Act, and he has not done so. This is clearly pointed out in the Full Bench decision reported in Reference u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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