RSA-111-1990(O IN THE 101 Romesh Chander Bachittar Singh CORAM : HON Present: Mr. for t Mr. Mr. Mr. for t *** AMARINDER S 1. The appellant–defend passed by the l preferred by the way of specific respect of land m and District Hos decree dated 28.0 the suit for speci as damages and r 1990(O&M) -1- THE HIGH COURT OF PUNJAB CHANDIGARH RSA Rese Pron Uplo hander (since deceased) through LRs Vers ingh HON'BLE MR. JUSTICE AMAR Mr. Sahil Soi, Advocate for the LRs of the appellant. Mr. K.S. Dadwal, Advocate r. Manish Dadwal, Advocate and Mr. Naresh Kumar, Advocate for the respondent. **** DER SINGH GREWAL, J. The present Regular Second App defendant challenging the judgment the learned 1st Appellate Court, H y the respondent-plaintiff was allowe ecific performance of the agreemen land measuring 28 kanals 13 marlas s ct Hoshiarpur, was decreed, while ed 28.04.1987 passed by the learned r specific performance or, in the altern s and refund of earnest money. NJAB AND HARYANA AT ARH RSA No.111 of 1990 (O&M) Reserved on:27.01.2026 Pronounced on:04.02.2026 Uploaded on:04.02.2026 LRs ... Appellant Versus ... Respondent MARINDER SINGH GREWAL e and Appeal has been preferred by the gment and decree dated 26.10.1989 urt, Hoshiarpur, whereby the appeal allowed and the suit for possession by eement to sell dated 11.03.1985, in arlas situated in village Sasoli, Tehsil hile setting aside the judgment and rned trial Court which had dismissed alternative, for recovery of ₹60,000/ y the 0.1989 appeal ion by 85, in Tehsil nt and issed ,000/- PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 2. For their status befor 3. Suc suit for possessio 11.03.1985 on pa alternative for re the defendant ag village Sasoli for of the agreement as earnest money was found to be consideration wo for execution an pleaded that the sell was execute plaintiff, he was had sufficient fu notices dated 09. upon him to exe pretext or the oth attorney of the p again on 17.06.1 The plaintiff alle of rise in the pric loss to the plainti 1990(O&M) -2- For the sake of convenience, the pa before the trial court. uccinctly, the facts of the case are ssession by way of specific performan on payment of the balance sale cons for recovery of ₹60,000/- as damages ant agreed to sell land measuring 2 oli for a total sale consideration of ₹57 ement, a sum of ₹10,000/- was paid b money. It was agreed between the pa to be more or less at the time of exec ion would be proportionately increase ion and registration of the sale deed at the plaintiff was residing abroad a xecuted by his father, Rattan Singh, o e was always ready and willing to perf ient funds to pay the balance sale co ed 09.05.1985 and 21.05.1985 were se to execute the sale deed, but the defe the other. It was further pleaded that f the plaintiff appeared before the Su 7.06.1985, but the defendant did not t iff alleged that the defendant backed o he price of the land and thereby comm plaintiff, which led him to institute the the parties are referred to in terms of ase are that the plaintiff instituted the ormance of an agreement to sell dated e consideration of ₹48,840/- or in the mages. The case of the plaintiff is that ring 28 kanals 13 marlas situated in ₹57,500/-. At the time of execution paid by the plaintiff to the defendant the parties that if the area of the land of execution of the sale deed, the sale creased or decreased. The date fixed deed was 15.06.1985. It was further road and, therefore, the agreement to ingh, on his behalf. According to the to perform his part of the contract and ale consideration. It was averred that ere served upon the defendant calling e defendant avoided the same on one that 15.06.1985 being a holiday, the the Sub-Registrar on 14.06.1985 and d not turn up to execute the sale deed. cked out of the agreement on account committed breach of contract, causing the present suit. rms of ed the l dated in the is that ted in cution endant e land e sale fixed further ent to to the ct and d that calling one ay, the 5 and deed. ccount ausing PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 4. Upo suit by filing agreement to sel and not enforcea were mentioned man and the pla signatures on bla and paid a sum ₹10,000/- as earn Hindu family cop sale. The defenda alleged fraud, the the sale deed in authority to exec agreement on be itself was void ab 5. On t framed as many well as documen dismissed the su decree, the plain learned 1st Appel the present Regu 6. Lear judgment and de 1990(O&M) -3- Upon notice of the suit, the defend ing written statement. The defendan to sell and pleaded that the alleged a forceable, as no specific khasra num ioned therein. It was further pleaded he plaintiff, in collusion with the m on blank papers under the pretext of a sum of ₹1,000/- only. The defe as earnest money. It was also pleaded t ily coparcenary property and that ther efendant further pleaded that upon ra ud, the father of the plaintiff assured eed in pursuance of agreement to se o execute the said agreement as he on behalf of the plaintiff and without id ab initio. Thus, prayed for dismis On the basis of the pleadings of the many as nine issues, including relief. U cumentary evidence adduced by the the suit filed by the plaintiff. Aggrie e plaintiff preferred an appeal, whic Appellate Court. Aggrieved thereby, th Regular Second Appeal. Learned counsel for the appellant and decree passed by the learned 1st defendant appeared and contested the fendant denied the execution of the eged agreement was vague, indefinite a numbers or boundaries of the land leaded that the defendant was an old the marginal witnesses, obtained his ext of selling only 13 marlas of land defendant denied having received aded that the land in dispute was joint at there was no legal necessity for its pon raising an objection regarding the sured the defendant to not to execute to sell. Even otherwise, he had no as he had no authority to enter into ithout authority the agreement to sell dismissal of the suit. of the parties, the learned trial Court elief. Upon appreciation of the oral as y the parties, the learned trial Court Aggrieved by the said judgment and which came to be allowed by the reby, the appellant–defendant has filed pellant-defendant contended that the st Appellate Court is perverse and ed the of the efinite e land an old ed his f land ceived s joint for its ng the xecute ad no r into to sell Court oral as Court nt and by the s filed at the se and PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O unsustainable, ha on record. It wa learned trial Cou (Ex.P-2) was alle plaintiff at a time agreement invali of attorney dated agreement in view would cause pre power of attorne stamped in accor Act, 1899 and document does n relied upon the ju Khimchand v. Y 6.1. It w committed a seri record additional plaintiff and by 17.06.1987 (Ex.C lacunae. It was a was brought on r day. It was also the suit on beha Appellate Court 1990(O&M) -4- ble, having been rendered in disregard It was argued that reversal of the al Court was erroneous, as the agree as allegedly executed by Rattan Sing a time when he admittedly held no p invalid and void. It was further subm dated 04.06.1985 (Ex.P-1) could n n view of Section 200 of the Indian C prejudice to the appellant-defenda ttorney dated 04.06.1985 (Ex.P-1) wa accordance with Section 3 read with therefore, was inadmissible in ev does not dispense with its proof. In the judgment passed by the Hon’ble v. Yelamarti Satyam Alias Satteyya It was further contended that the a serious illegality in allowing the a itional evidence under Order XLI Ru nd by taking on record the subseq (Ex.C-1) at such a belated stage, was also argued that only photocopy ht on record but the original of the sa s also argued that father of the plaintif n behalf of the plaintiff as well as Court in the absence of any powe ard of the pleadings and evidence f the well-reasoned judgment of the agreement to sell dated 11.03.1985 n Singh on behalf of the respondent d no power of attorney, rendering the r submitted that the subsequent power uld not validate or ratify the earlier dian Contract Act, as such ratification efendant. It was also urged that the was neither authenticated nor duly d with Article 48 of the Indian Stamp in evidence. Mere exhibition of the of. In support of his contention, he ble Supreme Court in Sait Tarajee eyya AIR 1971 SC 1865. hat the learned 1st Appellate Court g the application filed for placing on LI Rule 27 CPC by the respondent subsequent power of attorney dated tage, as it tantamount to fill up the copy of the power of attorney, Ex.C1 the same had never seen light of the laintiff was not even competent to file ell as the appeal before learned 1 power of attorney. Lastly, it was idence of the 3.1985 ndent- ng the power earlier ication the duly Stamp of the on, he rajee Court ing on ndent- dated up the Ex.C1 of the to file ed 1st it was PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O contended that th want of specific separate plots in passed by the lea 7. Per the impugned jud submitted that th does not call for appellant-defend attorney dated 08 to the same, how record mere phot of any objection, Court, much les objection now a power of attorne the respondent- (Ex.P1) before t Singh, thus, fathe deed on behalf o who despite bein turn up to execu duly ratified by t (Ex.C1) and thus while setting asi 1990(O&M) -5- that the agreement to sell Ex.P-2 wa ecific khasra numbers, particularly w lots in village Sasoli and thus, the i the learned 1st Appellate Court is liable Per contra, learned counsel for the ed judgment and decree passed by the that the same is based on correct appre for any interference by this Court efendant contested the application for ted 08.06.1987 (Ex.C1) under Order X e, however, no objection was taken th photocopy of the aforesaid power of ection, Ex.C1 was rightly taken on rec ch less, the appellant-defendant is d now at the second appellate stage. ttorney is required to enter into an ag -plaintiff had executed a power fore the target date i.e. 15.06.1985 s, father of the respondent-plaintiff was ehalf of the respondent-plaintiff but te being served upon notices on 09.05 execute the sale deed. The power of d by the respondent-plaintiff vide pow d thus, the suit was rightly decreed by ng aside the judgment and decree d 2 was vague and unenforceable for larly when the appellant owned four the impugned judgment and decree liable to be set aside. or the respondent–plaintiff supported by the learned 1st Appellate Court and t appreciation of evidence and law and Court. It was argued that though the ion for placing on record the power of rder XLI Rule 27 CPC by filing reply ken therein with respect to placing on wer of attorney. Thus, in the absence on record by the learned 1st Appellate nt is debarred from raising such an age. Further, it was argued that no an agreement to sell and at the most, power of attorney dated 04.06.1985 .1985 in favour of his father, Rattan iff was duly competent to execute sale f but it was the appellant-defendant n 09.05.1985 and 21.05.1985, did not wer of attorney dated 04.06.1985 was de power of attorney dated 08.06.1987 eed by the learned 1st Appellate Court cree dated 28.04.1987 passed by the le for d four decree ported rt and and gh the wer of reply ing on bsence pellate ch an no most, 6.1985 Rattan te sale ndant, id not 5 was .1987 Court by the PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O learned trial Cou respondent-plain Parmatma Devi, 2017 (1) PLR 61 1655; Jujhar Si Manbhari and o 2001 (2) Cur LJ another, 2015 (3 Federation Ltd. Indian Oil Cor Bangalore, RFA RCR (Civil) 185 500; Sham Sing Singh, 2010 (2) R (90) Comp Ca Viswesaraswami 8. I ha paper book as we 9. As defendant that fa agreement to se pertinent to high creates an agenc principal. In the Admittedly, the s 1990(O&M) -6- al Court. In support of his submi plaintiff relied upon the judgmen Devi, (2009) 2 SCC 582; Vijay Ku R 615; Javer Chand and others v. r Singh v. Giani Tarlok Singh, A nd others, AIR 1958 SC 918; Punj r LJ 309; Municipal Council, Kha 5 (3) LAR 62; Punjab State Coop Ltd. v. M/s Krishna Trading Com Corporation Ltd., Madras v. Mu RFA No.602 of 1999; Mohan Sing 185; Smt. Shyamali Chandra v. S Singh v. Waryam Singh, 1994 (3) R (2) RCR (Civil) 712; United Bank o Cas 329; and R.V.E. Venkata ami & V.P. Temple, Civil Appeal N I have heard learned counsel for th as well as the case laws cited with the As regards the argument of learn that father of the respondent-plaintiff to sell dated 11.03.1985 (Ex.P2) o highlight that a power of attorney agency relationship, empowering the In the present case the principal and t , the son was abroad at the time of ex submissions, learned counsel for the dgments passed in Aloka Bose v. y Kumar v. Ashok Kumar Laroia, s v. Pukhraj Surana, AIR 1961 SC h, AIR 1986 RRR 618; Matkul v. Punjab University v. V.N. Tripathi, Kharar v. APJ Public School and Cooperative Supply and Marketing Company, FAO No.1916 of 2009; Mukund Construction Company, Singh v. Gurdeep Singh, 2020 (2) v. Smt. Reba Adak, 2018 (4) ICC (3) RRR 27; Ranbir Singh v. Satbir nk of India v. Naresh Kumar, 1997 katachala Gounder v. Arulmigu eal No.105858 of 1996. for the parties and have perused the their able assistance. f learned counsel for the appellant laintiff had no authority to enter into P2) as well as to file the suit, it is ey is mere an instrument, which ing the agent to act on behalf of the l and the agent are father and the son. of execution of the agreement to sell, or the e v. roia, 1 SC ul v. athi, and eting 009; any, 0 (2) ICC atbir 1997 igu ed the ellant- er into t, it is which of the e son. to sell, PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O which fact was d the target date fo was fixed for 04.06.1985, mea Rattan Singh, fa notorized power Bachhittar Singh notices dated 09 defendant to com avoided performa been a fraud play criminal compla fact that two noti deed in terms of 10. Furt counsel for the r record the subseq XLI Rule 27 CPC same but no spec same and thus, th infirmity in allow 11. It is is not rendered instrument is a c Court in RE: 1990(O&M) -7- was duly in the knowledge of the app date for execution of sale deed in term for 15.06.1985 and the power of , meaning thereby, before execution gh, father of the respondent-plaintif power of attorney in his favour to ac Singh (respondent-plaintiff). It is als ted 09.05.1985 and 21.05.1985 we to come forward for execution of the rformance of the same for the reasons d played upon the appellant-defendant omplaint against the respondent-plain o notices were served upon him with ms of agreement to sell (Ex.P2). Further, this Court finds force in th r the respondent-plaintiff that though subsequent power of attorney dated 7 CPC was contested by the appellant o specific objection was raised qua tak thus, the learned 1st Appellate Court d allowing the said application. t is trite law that an unstamped or i dered invalid or void ab initio bec is a curable defect. A Seven Judges INTERPLAY BETWEEN AR the appellant-defendant. Furthermore, in terms of agreement to sell (Ex.P2) er of attorney (Ex.P1) was dated ution of the sale deed on 15.06.1985, laintiff was in possession of a duly r to act on behalf of his son namely t is also crucial to note here that two 5 were served upon the appellant of the sale deed on 15.06.1985 but he easons best known to him. Had there endant, what prevented him to lodge a plaintiff and his father, despite the with respect to execution of the sale e in the contention raised by learned though the application for placing on ated 08.06.1987 (Ex.C1) under Order pellant-defendant by filing reply to the qua taking on record photocopy of the ourt did not commit any illegality or ed or insufficiently stamped document because the failure to stamp an udges Bench of the Hon’ble Supreme ARBITRATION AGREEMENTS rmore, Ex.P2) dated .1985, a duly amely two ellant- but he there odge a ite the e sale earned ing on Order to the of the lity or ument p an preme NTS PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O UNDER THE A INDIAN STAMP original jurisdicti is distinct from i duty or paying an void. Non-stamp becoming invali instrument void. curable defect. T which the defect Indian Stamp Ac classes of instrum staking his claim initial defect in th reproduced as un “ 49. its v prov void on t evid 50. thus Adm Prop appl that 1990(O&M) -8- E ARBITRATION AND CONCIL AMP ACT, 1899 (2024) 6 SCC 1 risdiction has held that the admissibili from its validity or enforceability in ying an inadequate amount renders an stamping or improper stamping doe invalid. The Indian Stamp Act, 18 void. The non-payment of stamp duty fect. The Indian Stamp Act, 1899 its defect may be cured and sets out a mp Act, 1899 is enacted to secure re instruments and once that object is sec claim on the instrument will not be ct in the instrument. The relevant para as under:- b) The difference between inadm 49. The admissibility of an instrum its validity or enforceability in law. provides that an agreement not en void. The admissibility of a particu on the other hand, refers to whether evidence. 50. P. Ramanatha Aiyar's The Law thus: Admissible Proper to be received, capable an applied to evidence, the term mean that the Court or Judge is bound to CILIATION ACT 1996 AND THE while exercising its inherent/civil issibility of an instrument in evidence lity in law. The effect of not paying ers an instrument inadmissible and not ng does not result in the instrument ct, 1899 does not render such an p duty is accurately characterised as a 899 itself provides for the manner in out a detailed procedure for it. The cure revenue for the State on certain t is secured according to law, the party not be defeated on the ground of the nt paragraphs of the said judgment are admissibility and voidness trument in evidence is distinct from law. Section 2(g) of the Contract Act t enforceable by law is said to be rticular document or oral testimony, ther or not it can be introduced into Law Lexicon defines “admissible” e and worthy of being admitted. As eans that it is of such a character d to receive it, that is, allow it to be THE t/civil idence paying nd not ument ch an d as a ner in The certain party of the ent are from t Act o be ony, into ble” . As cter to be PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O intro adm Evid 51. agre evid evid whic agre 52. enfo refe adju void (c) and 53. Ltd. hold “10 stam cond enfo The enfo 54. instr The instr instr endo payi 1990(O&M) -9- introduced in evidence. Many admissibility of documents, with Evidence Act”) being one of them. 51. An agreement can be void agreement having an impact on w evidence. Similarly, an agreement c evidence. For instance, A and B ma which B is restrained from undert agreement would be void under S 52. When an agreement is voi enforceability in a court of law. W referring to whether the Court may adjudicating the case. This is the es voidness and admissibility. c) Section 35 of the Stamp Act re and not void 53. The majority judgment in Ltd. v. Indo Unique Flame Ltd., (2 holding in the following terms : (SC 109. … An agreement which i stamped is not enforceable, as lo condition. Such an instrument w enforceable [see Section 2(g) of the The above observation conflat enforceability and admissibility. 54. Section 35 of the Stamp Act is instrument chargeable with duty sh The term “admitted in evidence” r instrument. Sub-section (2) of Se instrument in respect of which sta endorsed as such will be “admissibl paying duty or paying an inadequat ny statutes have rules on the ith the Evidence Act, 1872 (“the oid without its nature as a void n whether it may be introduced in ent can be valid but inadmissible in may enter into an agreement by dertaking a particular trade. This er Section 27 of the Contract Act void, we are speaking of its w. When it is inadmissible, we are may consider or rely upon it while he essence of the difference between ct renders a document inadmissible in N.N. Global Mercantile (P) , (2023) 7 SCC 1 summed up its (SCC p. 81, para 109) ch is unstamped or insufficiently s long as it remains in the said nt would be void as being not f the Contract Act].” nflates the distinction between t is unambiguous. It stipulates, “No ty shall be admitted in evidence…” e” refers to the admissibility of the f Section 42, too, states that an stamp duty is paid and which is ssible in evidence”. The effect of not quate amount renders an instrument the “the void d in le in t by This Act. its are hile een sible (P) p its ently said not een “No …” f the t an h is f not ment PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O inad does does duty itsel sets no p xxxx (iii 65. reve Stee deal One betw insu upon be ope instr was bar evid prov coul appr 1990(O&M) -10- inadmissible and not void. Non- does not result in the instrument be does not render such an instrument duty is accurately characterised as itself provides for the manner in wh sets out a detailed procedure for it. no procedure by which a void agree xxxx xxxx iii) The purpose of the Stamp Act 65. The Stamp Act is a fiscal legisl revenue for the Government. It is a Steel Ltd. v. Dilip Construction Co dealt with the import of Sections 3 One of the parties relied on the between Sections 35 and 36 to argu insufficiently stamped or not stampe upon the payment of duty and a pen be acted upon, once admitted. It operates as a bar in two respects instrument into evidence as well as was argued that Section 36, in cont bar in one respect alone — the adm evidence. This Court rejected this provisions of the Stamp Act clear could be admitted into evidence a appropriate duty has been paid and “6. … The argument ignores By that section an instrument not be called in question at proceeding on the ground tha Section 36 does not proh instrument that it shall not b -stamping or improper stamping nt becoming invalid. The Stamp Act ent void. The non-payment of stamp as a curable defect. The Stamp Act n which the defect may be cured and r it. It bears mentioning that there is greement can be “cured”. xxxx Act egislation which is intended to raise is a mandatory statute. In Hindustan Co. (1969) 1 SCC 597, this Court ns 35, 36 and 42 of the Stamp Act. the difference in the phraseology argue that an instrument which was mped could be admitted in evidence penalty (if any) but that it could not d. It was argued that Section 35 pects, namely, the admission of an ll as acting upon that instrument. It contrast to Section 35, removed the admissibility of the instrument into this argument and held that the clearly provide that an instrument ce as well as acted upon once the and the instrument is endorsed: ores the true import of Section 36. ent once admitted in evidence shall n at any stage of the same suit or d that it has not been duly stamped. prohibit a challenge against an not be acted upon because it is not ping Act tamp Act and re is raise stan ourt Act. logy was ence not 35 f an nt. It the into the ment the 36. shall it or ped. an not PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 66. the inter 1990(O&M) -11- duly stamped, but on that acc instrument not duly stamped of the stamp duty and pena prescribed by the Act. The d terms of Section 42(2) which that every instrument endo Section 42(1) shall be adm be acted upon as if it has been 66. In so holding, this Court made the purpose of the Stamp Act and terpreted by courts: “7. The Stamp Act is a fis revenue for the State on cer not enacted to arm a litigan to meet the case of his oppon the Act are conceived in the object is secured according claim on the instrument will of the initial defect in the ins scheme is clear.” The Stamp Act is a legisl interest of the revenue. The due regard to its purpose. xxxx xxxx (b) The effect of the word “s the Stamp Act 200. Sections 33 and 35 o “shall”. While this ordinaril t account there is no bar against an ped being acted upon after payment enalty according to the procedure he doubt, if any, is removed by the hich enact, in terms unmistakable, endorsed by the Collector under admissible in evidence and may een duly stamped.” (emphasis in original) ade a significant observation about and the manner in which it is to be a fiscal measure enacted to secure certain classes of instruments: It is tigant with a weapon of technicality pponent. The stringent provisions of the interest of the revenue once that ding to law, the party staking his will not be defeated on the ground e instrument. Viewed in that light the (emphasis supplied) gislation which is enacted in the The statute must be interpreted with xxxx xxxx rd “shall” in Sections 33 and 35 of 35 of the Stamp Act use the word narily indicates that the provision is st an ment dure the able, nder may al) bout o be cure It is ality ns of that his ound t the the with 5 of ord on is PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 1990(O&M) -12- mandatory, it may be Motors v. State of Rajasthan Court held :- “12. … The word “sha it is sometimes not so intention otherwise de 201. In State of U.P. v. Ba OnLine SC 5, this Court h construction of statutes wh “shall” were as follows : “29. The relevant ru briefly stated thus: W “shall”, prima facie, may ascertain the rea carefully attending to For ascertaining the r the Court may conside design of the statute would follow from co other, the impact of necessity of complying is avoided, the circum provides for a conting the provisions, the fac the provisions is or is serious or trivial con and, above all, wheth will be defeated or fur 202. This Court must therefo to assess whether they are m presiding over proceedings u examining: be read as directory. In Sainik than 1961 SCC OnLine SC 15 , th “shall” is ordinarily mandatory, but t so interpreted if the context or the e demands.” Babu Ram Upadhya 1960 SCC rt held that the principles for the which used the mandatory word nt rules of interpretation may be : When a statute uses the word cie, it is mandatory, but the Court real intention of the legislature by g to the whole scope of the statute. the real intention of the Legislature nsider, inter alia, the nature and the tute, and the consequences which construing it the one way or the t of other provisions whereby the lying with the provisions in question rcumstance, namely, that the statute tingency of the non-compliance with e fact that the non-compliance with r is not visited by some penalty, the consequences that flow therefrom, hether the object of the legislation r furthered.” erefore interpret Sections 33 and 35 re mandatory in relation to a court ngs under Section 8 or Section 11 by ainik , this , but r the SCC the ord y be ord ourt e by tute. ture d the hich r the the stion atute with with , the rom, tion d 35 ourt 1 by PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 1990(O&M) -13- 202.1. Whether the context directory; 202.2. The scope of the stat 202.3. The nature and design 202.4. The consequences construing it one way or ano 202.5. The impact of other pr 202.6. The consequences of n 202.7. Whether the object of or destroyed. 203. The decisions adverted were delivered in the context statute. Additional factors m as the present one, where mu in relation to a single issue the arbitration agreement in considerations which must a whether a provision is man add that the scope, nature, which appear to operate sim Their interplay and the inte evaluated in the context of a whether the object(s) of the furthered or destroyed must such statutes. (c) The object of the Stamp 204. In N.N. Global Merc Flame Ltd., (2023) 7 SCC 1, as follows : “92. While the Stam intended to raise reve to have teeth. The po duty is to be paid is e text indicates that the provision is tatute; esign of the statute; es which would follow from another; er provisions; s of non-compliance; and ct of the legislation will be furthered rted to in the preceding paragraphs ntext of a single provision in a single rs must be considered in cases such e multiple statutes appear to operate ssue (or a single agreement such as nt in the present case). To this list of st animate the Court's evaluation of mandatory or directory, we would ture, and design of all the statutes simultaneously must be considered. intention of the legislature must be of all such statutes. The question of the applicable legislation(s) will be ust also be considered in view of all amp Act is preserved ercantile (P) Ltd. v. Indo Unique C 1, the majority judgment observed Stamp Act is a fiscal enactment revenue, it is a law, which is meant e point of time, at which the stamp is expressly provided for in Section n is from ered aphs ingle such rate h as ist of n of ould tutes ered. st be n of ll be f all ique rved ment eant tamp ction PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O 12. In t categorically held word “shall”, wh may be read as results in the enf with impunity. Stamp Act, 1899 clearly provide t acted upon once endorsed. In the was ratified vide was duly emboss and stamp dated 1990(O&M) -14- 17 of the Stamp Act. T that call it a fiscal ena be implemented with f must be to adopt an in enforcement of the law to be flouted with im borne in mind, the ta difficult.” 205. The interpretation acco Court in the present judgme flouted. The Arbitral Tribun provisions of the Stamp Act impounding and admissibilit in this judgment ensures Arbitration Act are given eff the purpose of the Stamp Act In the aforesaid judgment, the lly held that provisions of Sections 33 ll”, which ordinarily indicates that th ad as directory, subject to the excep he enforcement of the law, rather than . The Special Relief Act, 1963 i , 1899 is a general law. The provision vide that an instrument could be adm n once the appropriate duty has be In the present case, the power of atto d vide subsequent power of attorney d embossed by the office of the Comm dated 17.06.1987, meaning thereby, th ct. There cannot be any gainsaying, l enactment, it is intended that it is to ith full vigour. The duty of a Court n interpretation which results in the e law, rather than allowing the law h impunity. Once this principle is he task of the Court becomes less accorded to the Stamp Act by this gment does not allow the law to be ibunal continues to be bound by the Act, including those relating to its ibility. The interpretation of the law ures that the provisions of the n effect to while not detracting from Act.” the Hon’ble Supreme Court has ns 33 and 35 of the Stamp Act use the that the provision is mandatory but exception that such an interpretation er than allowing the law to be flouted 1963 is a special law and the Indian visions of the Indian Stamp Act, 1899 be admitted into evidence as well as as been paid and the instrument is of attorney dated 04.06.1985 (Ex.P1) rney dated 08.06.1987 (Ex.C1), which Commissioner, Jullunder vide its seal eby, the defect contained in the power ying, is to ourt n the law le is less this o be y the o its law the from rt has se the it etation louted Indian , 1899 ell as ent is Ex.P1) which ts seal power PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O of attorney dated dated 08.06.1987 the power of att 08.06.1987 (Ex. operative from 0 ratification is fun by the maxim which signifies deemed valid fro ratification. 13. The respondent-plain Sharma, Officer who categorical 10.06.1985, amo Chand was got 19.06.1985, the s 14. The was duly proved Sucha Singh and mentioned in th regarding the su and therefore, approximately 28 less than 28 kan 1990(O&M) -15- dated 04.06.1985 (Ex.P1) was duly 6.1987 (Ex.C1). In other words, the of attorney dated 04.06.1985 (Ex.P (Ex.C1) by virtue of which powe from 04.06.1985 as though there wa is fundamentally based on the doctri omnis ratihabitio retrorahitur e ifies that when a principal ratifies lid from the date it was originally perf The readiness and willingness plaintiff especially in view of the fficer-in-Charge, State Bank of India, gorically stated therein that a dra , amounting Rs.69,160/- payable to R s got prepared by Rattan Singh, ho , the said draft was deposited by him i The execution of the agreement to proved by the scribe Karam Singh a gh and Amar Nath. The description in the agreement to sell owing to the suit land was not available with fore, it was mentioned therein t tely 28 kanals in village Sasoli and in 28 kanals, the price of the land wo duly cured by the power of attorney s, the respondent-plaintiff had ratified (Ex.P1) by power of attorney dated power of attorney (Ex.P1) became ere was no defect. The principle of doctrine of relation back, established ur et mandato priori aequiparatur tifies an unauthorized act, the act is ly performed and not from the date of has duly been proved by the f the statement of PW-4, Ram Dev India, Chabbewal Branch, Hoshiarpur a draft bearing No.836783 dated le to Ramesh Chander son of Mehar gh, however, vide application dated him in his account. ent to sell dated 11.03.1985 (Ex.P2) ingh and attesting witnesses namely cription of khasra numbers were not ing to the fact that fard jamabandi with the appellant-defendant himself rein that the land is admeasured and in case that land is found more or nd would be increased or decreased torney atified dated ecame ple of lished atur, act is ate of y the Dev iarpur dated Mehar dated Ex.P2) amely re not andi imself asured ore or reased PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh RSA-111-1990(O proportionately. defendant that th 15. In v Pankajakshi (De and others (2016 (2019) 17 SCC 7 Singh (dead) thr law are not requi ana High Court w of the Punjab Co 16. As a infirmity in the j Consequently, th 17. Pend February 04, 20 Pankaj* 1990(O&M) -16- ately. Thus, the argument of learn that the agreement to sell was vague ha n view of the judgments passed by i (Dead) through Legal Representat 2016) 6 SCC 157, Randhir Kaur Vs CC 71 and Gurbachan Singh (dead ) through LRs and others (2023) SC t required to be framed in second appe ourt whose jurisdiction is circumscrib jab Courts Act, 1918. As an upshot of above, this Court f n the judgment and decree passed by tly, the instant regular second appeal i Pending application(s), if any, shall (AMARIN , 2026 Whether speaking/reasoned Whether reportable f learned counsel for the appellant gue has also no force. by the Hon’ble Supreme Court in entatives and others Vs. Chandrika ur Vs. Prithvi Pal Singh and others dead) through LRs Vs. Gurcharan 3) SCC Online SC 875, questions of d appeal before the Punjab and Hary- mscribed by provisions of Section 41 ourt finds no perversity, illegality or ed by the learned 1st Appellate Court ppeal is dismissed. shall also stand disposed of. ARINDER SINGH GREWAL) JUDGE ned : Yes : Yes ellant- urt in rika hers aran ons of y- ion 41 lity or Court. PANKAJ KUMAR 2026.02.04 16:37 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh