Law:

Section:

(a) Civil Procedure Code (V of 1908)----O.XXI, R.94---Stamp Act (II of 1899), S. 3 & Sched. 1, Art. 18--­Registration Act (XVI of 1908), S. 17---Certificate of sale granted under O.XXI, R. 14, C. P. C. whether chargeable with stamp duty in terms of Art. 18 of Sched. 1 of Stamp Act, 1899---Where immovable property was sold in execution of decree and sale had become absolute, such property would be deemed to have vested in purchaser from the time when property was sold and not from the time when sale had become absolute---Article 18 of Sched. 1 of Stamp Act, 1899, provides for duty payable on certificate of sale with amount equivalent to duty payable on conveyance deed---Every instrument chargeable with duty and executed by any person must be stamped either before or at the time of execution in terms of S.17, Registration Act, 1908---Sale Certificate issued by Court under O.XXI, R.94, C.P.C. being "document" would have effect of transferring and creating title in property without which purchaser would not become owner though after issuing of same he could claim right of receiving income of property from date of confirmation of sale---Contention that sale certificate was not "document" conferring title or transferring property itself to purchaser was repelled---High Court under O.XXI, R.94, C.P.C. was under statutory obligation to issue Sale Certificate and if law clearly provided that in respect thereof, stamp duty was to be paid at prescribed rates, High Court would enforce such law and could not allow any person to evade payment of stamp duty---Certificate of sale granted under O.XXI, R.94, C.P.C. was, thus, chargeable with stamp duty in terms of Art. 18 of Sched. 1 of Stamp Act, 1899. Messrs Textile Winding Machinery Company v. Akbar Cotton Mills Ltd. 1995 CLC 1922; Collector of Ahmed Nagar v. Ram Bhau AIR 1930 Born. 392; ILR 9 Born. 526; Mall Developers (Pvt.) Ltd. v. Joint Official Liquidators PLD 1993 Lah. 688 and Mehran Fabric (Pvt.) Ltd. v. Allied Bank of Pakistan PLD 1997 Lah. 654 ref. (b) Stamp Act (II of 1899)--- ----S. 2(10), (14)---Words "conveyance" and "instrument"---Connotation.--­[Words and phrases]. JUDGMENT RANA BHAGWAN DAS, J.---In Civil…

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