DEVENDRA KARUNESH SHUKLA Vs. JANTA CONSTRUCTION COMPANY

JUDGEMENT

(1.) . This is a revision under Section 115 of the Code of Civil Procedure, 1908, filed by the petitioner against the judgment and order recorded by the learned Judge of the Small Causes Court at Ahmedabad on 31st August, 1999, below application Exh.153 submitted by the present respondents directing the petitioner to pay an amount of Rss.14,630/- towards the stamp duty and penalty on the document produced at Mark 142/1 and further directing that the said document shall not be exhibited for want of its registration under the provisions of Indian Registration Act.

(2.) It appears that the aforesaid document which is placed on the record of this Court at Annexure ` A' is a deed of assignment. The trial court found that the document has been duly proved but the trial court also found that since the document required compulsory registration and since it has not been registered, the said document cannot be exhibited, therefore, the aforesaid order came to be passed by the learned Judge of the Small Causes Court. By the said order, the learned Judge directed that the document produced at Mark 142/1 i.e. deed of assignment be not exhibited for want of its registration under the Indian Registration Act. The trial court further directed that the present petitioner should pay and affix the stamps of Rs.14,630.00 on the document produced at Mark 142/1 on or before 20.09.1999.

(3.) So far second part of the prayer is concerned, the matter is not in dispute before me. I am told that the petitioner has already paid up the stamp duty and penalty in accordance with the order of the trial court. The controversy before me is with respect to non exhibition of the document in question for want of its registration.