The Supreme Court has ruled that once a document has been admitted in evidence, such admission cannot be called in question at any stage of the suit or proceedings on the ground that the instrument has not been duly stamped.
The Division Bench of Justice Sanjiv Khanna and Justice J K Maheshwari observed that objection as to admissibility of a document on the ground of sufficiency of stamp, has to raised when the document is tendered in evidence.
In the present matter, the documents purporting to be an unregistered sale deed was marked as certain Exhibit by the Trial Court. Later, the defendent filed an application under under Section 151 CrPC to de-exhibit the same which was allowed. The decision was challenged before the Telangana High Court which dismissed the petition.
In the appeal herein, the Court opined that the impugned judgment passed by the High Court directing that the aforesaid document should be de-marked and not be treated as an exhibit, is correct and in accordance with law.
"Once a document has been admitted in evidence, such admission cannot be called in question at any stage of the suit or proceedings on the ground that the instrument has not been duly stamped. Objection as to admissibility of a document on the ground of sufficiency of stamp, has to raised when the document is tendered in evidence. Thereafter, it is not open to the parties, or even the court to reexamine the order or issue.1 To this extent, the impugned judgment is set aside and the appeal is allowed."
The Court however clarified that it has not commented or examined the question of effect of purported non-registration of the sale deed in terms of the Transfer of Property Act, 1882 and the Registration Act, 1908.
These questions and issues are left open to be decided by the trial court, the Court said.
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