BALARAMAN Vs. VASUDEVAN

JUDGEMENT

(1.) This civil revision petition is filed against the order passed in IA.No.1114 of 2016 in OS.No.356 of 2011 on the file of the Principal District Munsif Court, Ulundurpet dtd. 24/11/2016, thereby allowing the petition to receive the documents.

(2.) The petitioner is the plaintiff and the respondent is the second defendant. The petitioner filed suit for declaration and injunction in respect of the suit property. While pending the suit, the respondent filed petition to receive documents. The petitioner objected only in respect of the first document, which was sought to be marked by the respondent dtd. 21/1/1998, partition deed between the petitioner and the first respondent.

(3.) Admittedly, it is a hand-written, unregistered and unstamped document. Therefore, it cannot be even marked for collateral purpose under Sec. 35 of Stamp Act as well as Sec. 17 of the Registration Act. Insofar as the possession of the property is concerned, other documents were allowed to be marked the same. Therefore, the order passed by the court below is liable to be set aside.