MEHRUNNISA BEGUM Vs. M A KHADAR

JUDGEMENT

(1.) The order in IA No.385 of 2009 in OS No.96 of 2008 on the file of the Senior Civil Judge, Zaheerabad, dated 9/3/2010 is under challenge in this revision petition.

(2.) The petition was filed by the plaintiff under Order XIII Rule 3 and Section 151 of the Code of Civil Procedure to reject the document styled as 'No Objection Certificate' from the plaintiff and the 7th defendant, attempted to be exhibited and admitted into evidence through the 1st defendant as DW1. THE plaintiff contended that the document could not have been confronted to the 1st defendant in his chief-examination as DW1 when it was filed by the 8th defendant and it could not have been admitted into evidence for want of required stamp duty and registration, as it amounted to relinquishment deed executed by the plaintiff and the 7th defendant in respect of the subject property. Defendants 8 and 9 contended that there is no prohibition against marking the document through the 1st defendant who was a witness to the document and the document cannot be treated as a conveyance or as a relinquishment requiring any stamp duty or registration, as no right is conveyed or transferred under the document.

(3.) Heard Sri K. Lakshman, learned Counsel for the revision petitioner and Sri T. Lakshminarayana, learned Counsel for respondents 8 and 9 at the stage of admission. As the document was filed into Court by defendants 8 and 9 who seek its admission into evidence, which is opposed by the plaintiff, the notice to other parties to the suit/respondents 1 to 7 herein is considered not necessary.