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Issues Involved:
The judgment deals with the issue of marking an unregistered and insufficiently stamped document at the interlocutory stage, in violation of Section 35 of the Stamp Act and the mandatory provisions of the Code of Civil Procedure. Details of the Judgment: Issue 1: Marking of Document at Interlocutory Stage The trial Court ruled out the plaintiff's objection against marking a simple sale deed due to insufficiency of stamp duty and lack of registration. It opined that the objection can be considered during the disposal of the interlocutory application. The plaintiff challenged this order, citing violation of Section 35 of the Stamp Act and Code of Civil Procedure provisions. Issue 2: Precedents and Legal Interpretations Precedents from the Court highlighted the procedure for marking documents at the interlocutory stage. The Court emphasized the importance of marking documents for clarity and understanding of contentions. The judgment discussed the distinction between unregistered and insufficiently stamped documents, emphasizing the inadmissibility of the latter under Section 35 of the Stamp Act. Issue 3: Admissibility of Unstamped Documents The judgment clarified the legal position regarding unregistered and insufficiently stamped documents. It emphasized that while unregistered documents can be admitted for a collateral purpose, insufficiently stamped documents are inadmissible unless the required stamp duty and penalty are paid. Conclusion: The Court set aside the trial Court's order and directed a determination of the objections against the marking and admissibility of the document based on insufficiency of stamp duty and lack of registration. The judgment emphasized the importance of adhering to legal provisions and conducting a thorough examination of document admissibility.
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