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Judgment
Vinod K. Sharma, J. (Oral)
Present revision petition has been filed against an order vide which the prayer of the petitioner for making good the deficiency in stamp duty on the agreement to sell along with penalty has been declined.
That application has been rejected by the learned trial Court only on the ground that as the petitioner had not moved any application to make good the deficiency in stamp duty at the earlier stage when objections were taken. Now valuable right has been accrued in favour of the defendant. The finding of the learned trial Court cannot be upheld and it was the duty of the Court also to impound the document which was insufficiently stamped. Therefore, merely on account of delay the application for making good the deficiency in stamp duty with penalty could not be rejected.
Accordingly, revision is allowed, the impugned order is set aside and the application filed by the petitioner is allowed. The petitioner is directed to make good the deficiency in stamp duty along with penalty.