HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petitiun (227) Na. 4-157 of 2010 Radheshyam Agrawal, Sle. Kaiyan : Prasad Agrawal, aged about 55 years, R/o. Kalyan Gas Agency,‘>” Opp. New Bus Stand, Pandri,’ ‘ Raipur, Tami! & District Raipur (ca) Vs. RESPONDENT : Praveen Kumar Gupta, S/o. Late PLAINTtFF PETITIONER DEFENDANT Ayodhya Prasad Gupta, aged about 42 years, R/o. Gurunanak Chcwk, Raipur (06.) (Writ Petitign under Articie 227 of the Constitution 0f india) (SB: Hon’bte Mr. T.P. Shanna,J.) Present:- Mr.A.K.Prasad, counsei far the petitioner. \x ‘\ ORAL ORDER (Passed on 4‘“ August, 201G) I have perused the order impugned during recording of evidence of witness Naveen Gupta in Civii Suit No.31A/09 dated 2.7.201 D. At the time of recorded the evidence of the witness Naveen Gupta, eertifred copy of the saie deed was tendered in evidence by the opposite party: Admissibility of such document is objected by the present petitioner. The opposite party has aiso tendered one arrangement ietter and evidence which was aiso admissible of the said document, was aiso obiected by the present petitiOner. The Court below has directed that certified copy of the sate deed may be admitted in evidence in terms of Section 74 of the indian Evidence Act, -18?2 and question of sufficiency of stamp can be decided on merits. At the time of admitting thedocuments and evidence, the Court is required to decide whether the document is admissible as primary evidence or secondary evidence. The Court is aiso required to decide that whether the document sought to be admitted in evidence is sufficiently stamp or not. in case of \ \ \ . Heard. .‘\ $1 2 insufficient stamp document, the Court is required to direct impcunding of such document. 5. Definitely, while refusing the objection of the present petitioner relating to insufficiency of stamp, the Court below has not decided that whether the document was sufficientiy stamp or not. Considering the aforesaid fact, the petition is disposed of with a direction that if the appiication reiating to admiesibiiity of the aforesaid both documents is filed on behaif of the petitioner, then the Court below shalt, after providing opportunity of hearing to the opposite party, decide the question of admissibility of both the documents in accordance with law and in case of insufficient stamp document before admitting the same in evidence, the Court is required to order for impounding of the documents. No order as to costs. ./, Sd/- T.P. Sharma Judge BI- .