BROUGHT  TO YOU  BY   RAJEEV BHATJIWALE

BALKRISHNA  V/S  VISHAMBHAR 1981 (1) M.P.W.N. 249

The plaintiff filed a suit for recovery of money on promissory note. The defendant pleaded that the promissory note was not property stamped and was inadmissible in evidence.  Application was filed to frame preliminary issue.  The trial court did not frame in any issue on this question holding that the issue could be decided at that time of evidence however whether the document is property stamped or not has to be decided as a preliminary issue as once it is exhibited, it would not be open to challenge in appeal or revision.  This question does not require any evidence to be recorded .  Under order 13 rule 3 the court at any stage can reject inadmissible documents.

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Last modified: April 16, 2001