Stamp Act, 1899–Code of Civil Procedure, 1908–Sec. 151–Exhibit of document–Whether upon admission of an instrument in evidence and its marking as an exhibit by a Court (despite the instrument being chargeable to duty but is unsufficiently stamped), such a process can be recalled by the Court in exercise of inherent powers saved by Sec. 151 of CPC ?–Held, yes–On the date the GPA was admitted in evidence and marked as an exhibit, the Trial Court did not deliberate on its admissibility–Trial Court passed the impugned order in exercise of its inherent powers to do justice as well as to prevent the abuse of the process of Court, to which inadvertently it became a party by not applying judicial mind as required in terms of Sec. 33 & 34 of State Act–Impugned order passed by the High Court, setting aside the order of Trial Court deserves to be set aside.
