"If once the 'instrument' has been admitted in evidence, it shall not be questioned later on in the same suit on the ground that it does not bear the adequate stamp duty or no stamp." Discuss briefly with reference to ca

Section 36 of the Indian Stamp Act, 1899 provides that where an instrument has been admitted in evidence, such an admission shall not (except as provided in Section 61) be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. Section 36 is mandatory ( Guni Ram v. Kodar, AIR 1971 All 434, 437 ). If notwithstanding any objection, the trial Court admits the document, the matter ends there and the Court cannot subsequently order the deficiency to be made and levy penalty ( Bhupathi Nath v. Basanta Kumar, AIR 1936 Cal. 556; AIR 1933 Lah. 240 ).