TMI Blog2016 (4) TMI 1404X X X X Extracts X X X X X X X X Extracts X X X X ..... he case in hand, the opposite party has produced the notarial certificate before the Court below but that is not authenticated by Indian Embassy. Learned Counsel appearing on behalf of the opposite party could not furnish any notification published by the Central Government in the official gazette that the notarial acts lawfully done by the notaries of Bangladesh shall be recognized within India for all purposes or as the case may be for such limited purposes as may be specified in the notification. Therefore, learned Court below's order is demonstrably unsustainable. The instant revisional application is a prematured one. Accordingly, it is dismissed at this stage. - C.O. Nos. 1327 and 1328 of 2015 - - - Dated:- 27-4-2016 - Sid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce the power of attorney was executed outside India and a used in India, he shall liable to pay stamp duty under the Indian Stamp Act, but the learned Court below never considered that the said unregistered power of attorney was executed in Bangladesh and if it requires authentication or not. 3. At the time of hearing, learned Counsel appearing on behalf of the opposite party contended that the impugned order does not call for any interference since under Section 85 of the Indian Evidence Act, it is very much permissible and shall be admitted in evidence also. After hearing the rival submission of the parties it seems to me that the main grievance of the petitioner is such that the said power of attorney cannot be given effect to. 4. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at it was executed at Chapai Nababganj, Bangladesh and it was also endorsed by Mohammed Hitlar Uddin advocate. 6. After hearing the submission made by the parties it seems to me that only issue which requires consideration is whether the deponent has been able to satisfy this Court that they were duly authorized by Md. Naziruddin Sk. and Abdul Gafur. A question therefore arises as to whether this Court can recognize a notarial act, which took place before a notary public at Bangladesh. This question has to be addressed at the very outset and thereafter, this Court may consider the genuinity and authenticity of the document. 7. At the time of hearing, learned Counsel appearing on behalf of the opposite party mainly triggered Section 85 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne by the notaries of Bangladesh shall be recognized within India for all purposes or as the case may be for such limited purposes as may be specified in the notification. Therefore, learned Court below's order is demonstrably unsustainable. Accordingly, the said order is hereby set aside. 10. However, this Court makes it clear that the dismissal of the application under Order 1 Rule 10(2) of the Civil Procedure Code shall not cause any prejudice to the rights of the present opposite parties to file a fresh petition on the same cause of action provided of course the petition conforms to the observation made by this Court herein within two months from this date, failing which it will be presumed that it was not duly authenticated by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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