TMI Blog1971 (8) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... an executant as the case may be of the said sale deed or adoption deed. That was opposed by the plaintiff on the ground that the two documents are document chargeable with duty and inasmuch as they are unstamped, they cannot be admitted in evidence for any purpose under Section 35 of the Act. The case of the petitioner (2nd defendant) was that he is not seeking to use the documents for the purpose for which they were executed, but for an altogether different purpose to prove the signature of the plaintiff appearing in the will as an attestor and, therefore, the provisions of Section 35 are not attracted. 3. The learned subordinate Judge held that the two documents in question cannot be admitted in evidence for any purpose even if it be f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s duly stamped: Provided that-------- (a) any such instrument not being an instrument chargeable with a duty not exceeding ten naye paise only, or a bill of exchange or promissory note, shall, subject to all just exceptions, be admitted, in evidence on payment of the duty with which the same is chargeable, or, in the case of the same is chargeable, or, in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion. 7. The underlying object of this section is to ensure that an instrument chargeable with duty is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As pointed out by Sir John Beaumont, the words for any purpose should be given their natural meaning and effect and would include a collateral purpose. 9. While considering the scope of Section 35 of the Indian Stamp Act we cannot bring in the effect of non-registration of a document under Section 49 of the Indian Registration Act. Section 17 of the Indian Registration Act deals with documents, the registration f which is compulsory and Section 49 is concerned only with the effect of such non-registration of the documents which require to be registered by Section 17 or by any provision of the Transfer of Property Act., The effect 9f non-registration is that such a document shall not affect any immovable property covered by it or confe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the Act as in the case before him. 10. Mr. Mahipathi Rao however sought to contend that since what is sought to be proved are only the signatures appearing in the two documents and as Section 35 deals only with the instruments chargeable with duty and has nothing to do with the signatures of the scribe or an attestor appearing in the documents, there is no reason why the signatures alone, independent of the document should not be received in evidence. The fallacy of the argument however, ingenious it may be, lies in this : It is not a case where signatures are found in a document not chargeable with duty so as to contend that Section 35 is not applicable. The two documents, which are sought to be used for the purpose of comparison o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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