Section 28: Stamping documents inadvertently received without proper stamp

Court Fees Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1870

Legal Commentary & Landmark Judgments: Section 28

Section 28 of the Court-Fees Act, 1870 provides for the curative validation of documents that have been inadvertently received, filed, or used in any court or public office without being properly stamped.

  • Core Legal Standard: Section 28 enacts that no document which ought to bear a stamp under the Act shall be of any validity unless and until it is properly stamped.
  • Operational Mechanism: However, the proviso creates an indispensable curative mechanism: if any such document is through mistake or inadvertence received, filed, or used in any court or office without being properly stamped, the presiding Judge or head of the office may, if they think fit, order that such document be stamped as they may direct.

Upon such stamping, the section commands that 'the document and every proceeding relative thereto shall be as valid as if it had been properly stamped in the first instance', conferring complete retrospective validity upon the defective document and all intermediate judicial proceedings founded upon it.

Key Landmark Precedents:
  • Mannan Lal v. Chhotey Lal, (1970) 1 SCC 769: The Supreme Court held that Section 28, read with Section 149 CPC, cures initial deficiencies in court fee retrospectively, validating the plaint and all intermediate orders from the inception.
  • Ganga River Transport v. Reliance, (1998) 7 SCC 632: The Court affirmed that the curative power under Section 28 prevents inadvertent administrative stamping errors from defeating substantive rights.
Legal Commentary:

Section 28 is the ultimate statutory safeguard against ministerial stamping oversights. Where a document was inadvertently registered with deficit fee, the court can direct payment of the deficit; once paid, the defect is expunged retrospectively, preserving limitation and preventing dismissal on technical fiscal defaults.