Impounding of document
karthik
(Querist) 18 August 2012
This query is : Resolved
I am the defendant in a suit for bare injunction. During my evidence, I filed a unregistered sale deed regarding the suit property for which plaintiff raised objection and that document was marked with objection. So i like to pay stamp duty for that unregistered document.Can i file a petition under O.13 R.8 of CPC to impound that document and to send it for paying stamp duty with penalty?
adv. rajeev ( rajoo )
(Expert) 19 August 2012
yes you can do it. Stamp duty will be calculated by the court itself and will direct to pay the stamp duty.
M V Gupta
(Expert) 19 August 2012
The sale deed is not admissible in evidence as it is neither stamped nor registered. Mere paying stamp duty is not sufficient. You also cannot register the document if more than 4 months for registration and another two months for delay condonation have elapsed from the date of the document.