Order 13 Rule 8

CPC -Orders and Rules Order 13 Rule 8

Stamp Duty | objection related to deficiency in stamp duty | such objection is required to be decided before proceeding further

Civil Procedure Code, 1908 (V of 1908) Order XIII Rule 8 – Indian Stamp Act, 1899, Article 23, Section 35 - Application moved to impound the power of attorneys - 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 - 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. #2020 SCeJ 87