- The agreement to sell was executed on stamp paper purchased in the name of the plaintiff's wife, but this is of no consequence.
- The execution of the agreement is not in dispute, and the agreement was exhibited without any objection.
- Even if it is an irregularity, the defendant has waived it.
- The court can only deem the document to be not properly stamped but cannot hold it to be invalid.
- Still, it is admissible in evidence on payment of duty and penalty.
- The agreement, even if executed on plain paper, can be admitted in evidence by paying stamp duty and penalty.
- The legal representative of the deceased defendant cannot take a plea that is inconsistent or contrary to the plea taken by the deceased defendant.
- The vendor cannot plead defect in his title as a defense.
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Suit - Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured - Plaint can be returned for want of cause of action. Only the averments made in the plaint are considered,Suit - Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured.
NIA s. 141(1) - Liability of director in company - The words "was in charge of" and "was responsible to the company for the conduct of the business of the company" to be read together in view of use of the word "and" in between - Complaint quashed.
Agreement to sell – Executed on stamp paper purchased in the name of the plaintiff’s wife, is of no consequence – Can only deem the document to be not properly stamped but cannot hold it to be invalid – Can be admitted in evidence by paying stamp duty and penalty. [ID 210300]
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