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Admissibility of a document is to be decided forthwith, unless it warrants evidence to decide that; SC.

Supreme Court of India

Justice Hemant Gupta & Justice S. Abdul Nazeer

The SC {M/S. Z. ENGINEERS CONSTRUCTION PVT. LTD. & ANR. v. BIPIN BIHARI BEHERA & ORS. } holds that the objection related to deficiency in stamp duty on a power of attorney which the appellants claim to be conveyance, depends upon the finding regarding delivery of possession in terms of the power of attorney. Further held, generally speaking, such objection is required to be decided before proceeding further. However, in a case where evidence is required to determine the nature of the document, it is reasonable to defer the admissibility of a document for insufficient stamp duty at the time of final decision in the suit.

In the present appeal the assail before the SC is to an order passed by the High Court of Orissa on 24th January, 2019 whereby the petition filed by the appellant under Article 227 of the Constitution of India, dismissing an application filed by the appellant under Order XIII Rule 8 of the Code of Civil Procedure, 19081 to impound the power of attorneys (Exts. 4 and 5), was dismissed.

While allowing the appeal, it was held by the SC that the application dated 3rd September, 2018 filed by the appellants shall be decided along with the main suit, when the question of delivery of possession at the time of the execution of the power of attorney or thereafter shall be determined. 

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