A.P HIGH COURT
Writ PetitionNo.4143 of 2021 dt: 15-06-2021
ORDER:
A short but important question arises for consideration in
this writ petition is whether the District Registrar can refuse to levy and
collect stamp duty and penalty on a reconstructed document transmitted to him
by civil Court on the ground that the document sent to him is a xerox copy ?
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11( ) Thus, from the above decisions, it is clear that
if the original document which was filed in Court was deficitly stamped and lost
or misplaced while in the custody of the Court, it can be reconstructed by the
Court by exercising its inherent powers, in which case, the reconstructed
document, by virtue of legal fiction, assumes the character of original
document for all purposes, including the Stamp Act. Further, if the original
document was duly stamped and lost in the hands of the party, he may produce
its copy in Court and seek to admit the same as secondary evidence on
proving that the original was lost. However,if the original document was not duly
stamped, a party relying on its copy cannot seek the Court to validate the copy
by paying stamp duty and penalty and admit in evidence
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12. In the light of above law, the proceedings of the 3rd
respondent in refusing to impound, levy and collect the Stamp duty and penalty on
the xerox copy of the sale agreement is legally unsustainable.
13. Accordingly, this Writ Petition is allowed setting
aside the proceedings of 3rd respondent in C.No.481/G1/2018, dated
11.09.2019 and 3rd respondent is directed to impound the
reconstructed xerox copy of Sale agreement dated 01.09.1995 transmitted by the
Court of Principal Junior Civil Judge, Bheemunipatnam,and levy and collect the Stamp Duty and penalty
thereon and retransmit the aforesaid document to the trial Court expeditiously,
but not later than three (3) weeks fromthe date of receipt of a copy of this
order.No costs.
As a sequel, interlocutory applications pending, if any,
shall stand closed.
U.DURGAPRASADRAO,J 15.06.2021
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