Insuffiiently stamped objection

Querist : Anonymous (Querist) 30 October 2011 This query is : Resolved
plaintiff files a suit for recovery that defendant obtained some money from him and gave him a receipt. the receipt is unstamped. plaintiff filed the receipt alongwith the defendant took a preliminary objection that the receipt was unstamped. thereafter, while the receipt was being exhibitted in evidence, teh defendant took teh objection merely on the ground of mode of proof and did not take any objection as to the receipt being insufficiently stamped. after a few days after the receipt was exhibitted the defendant moved an application that the receipt cannot be read in evidence as it was insufficiently stamped? does s. 36 of the stamp act applies? whether it is covered by s. 35 proviso (b)?

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prabhakar singh (Expert) 30 October 2011
The defect is curable and not so inherent that litigating on it may alone give a valid defence;only delay can be created as payment u/s s35 can still be made.