Code of Civil Procedure, 1908–Order 6, Rule 17–Rajasthan Stamp Act, 1998–Secs. 37 & 39–Amendment in the written statement to the effect that the agreement is not admissible in evidence as the same is not properly stamped–Allowed–Suit for specific performance of contract–Though the application was filed after lapse of one year, yet it was allowed with the cost of Rs. 3,000/- to compensate the delay–View of trial Court that for determination of real question and controversy, the amendment was necessary–Mandates of Secs. 37 & 39 casts an obligation upon the Court that if the instrument is not duly stamped, the same should not be examined and it should be impounded–Amendment was necessary and essential–Held, no case is made out for interference.
