Action of Stamps Deptt despite HC Stay
On conclusion of the hearing of the Civil suit for Specific Performance the plaintiff’s (Buyer) case was dismissed and the Trial Court impounded the agreement and ordered the same to be forwarded to the Registrar Stamps for Enquiry & action but this ORDER of the trial court was quashed by the High Court.
But the Trial Court due to an over sight or for whatever reason, still carried on its order and forwarded the impounded Stamp Paper to the Stamps Deptt which in turn issued notices to the Parties. Meanwhile the Plaintiff changed his residence did not receive the notices. Stamps Deptt conducted an ex parte hearing and passed and order of recovery which the plaintiff came to know now only when the Stamps Deptt came for auctioning his property
QUERY
1.The moot (and the Legal Point) is whether the STAMPS DEPTT is legally in order to take action on the basis of an order of a Trial Court which was non functional due to the High Court Stay ?
2. Now the order being passed what should be the action taken by the Plaintiff ? Can he make an application for setting aside the Ex Parte Order?
