Law: Stamp Act, of 1899

Section: 35

Stamp Act (II of 1899)--S. 35--- Inadmissibility of instruments not duly stamped---Scope---Defect of deficiency of stamps on a promissory note or bill of exchange --- Effect--- No instrument chargeable with duty should be admitted in evidence, unless such instrument was stamped and only those documents could be admitted in evidence which were stamped in the manner provided by law---Exceptions to said rule had been narrated in the proviso to S.35 of the Stamp Act, 1899---Document valued less than 25 paisas should not be chargeable with duty and a bill of exchange or promissory note were required to be duly stamped and would not be admitted in evidence if they were not duly stamped---Legislature had internationally kept out making up a deficiency in the payment of stamp duty in respect of bill of exchange or promissory note; from the Stamp Act, 1899---Defect of deficiency of stamps on a promissory note was incurable and remained to be inadmissible in evidence; which was the ultimate purport of the S.35 of the Stamp Act, 1899. 1996 SCMR 575; Masood Anwar v. Sabir Khan PLD 2006 Pesh. 208 and Munir Ahmad Kahloon v. Rana Muhammad Yousaf PLD 2003 Lah. 173 distinguished. Chaudhry Khalid Mehmood v. Chaudhry Said Muhammad 2005 CLD 1864 rel. ORDER SYED MUHAMMAD KAZIM RAZA SHAMSI, J.---This civil revision petition filed under section 115, C.P.C. is directed against an order dated 14-1-2012 passed by the learned Additional District Judge, Sahiwal whereby the application filed by the petitioner under Order VII, rule 11, C.P.C. seeking rejection of the plaint was dismissed. 2. The respondent/plaintiff had prayed for a decree of Rs.15,00,000 against the defendant/petitioner on the basis of a pro-note allegedly executed by the petitioner/defendant on 24-1-2009. 3. A contesting written statement was filed by the defendant denying from the execution of the pro note. Subsequently, through a separate application, the defendant prayed for the rejection of plaint on the ground that the alleged pro note was deficiently stamped which defect is not cureable under section 35 of the Stamp Act, 1899 as such, the suit is liable to be dismissed. The application was contested by the plaintiff…

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