Yousoof Mohamed and Another v. Indian Overseas Bank – sllr 1999 volume 3 page 278

The case between Yousoof Mohamed and Another (plaintiffs) and Indian Overseas Bank (defendant) addressed whether a plaint should be rejected on the basis that annexures filed with it were not duly stamped, and the correct legal approach under the Civil Procedure Code and Stamp Duty Act with respect to insufficiently stamped pleadings. It was determined that the proper course requires the court to call for payment of any deficiency in stamp duty before considering the rejection of a plaint; outright rejection is only permitted if the deficiency is not remedied within the prescribed timeframe. The absence of a direction to pay the deficiency, combined with the absence of any stay being sought by the appellant, led to the dismissal of the appeal. This decision reaffirmed the principle that pr