BURRA ANITHA Vs. ELAGARI MALLAVVA

JUDGEMENT

(1.) The docket order, dated 3.2.2010 in IA No.383 of 2009 in OS No.103 of 2009 on the file of the Principal Junior Civil Judge's Court, Siddipet, led the plaintiff to approach this Court with this revision.

(2.) While dealing with the petition for temporary injunction, the objection of the plaintiff against marking a simple sale deed on the ground of insufficiency of stamp duty and want of registration was ruled out by the trial Court by the impugned order. Referring to three precedents from this Court, the trial Court was of the opinion that it is not open to the plaintiff to insist upon the Court to undertake an independent enquiry into the admissibility of the document at the interlocutory stage to pronounce upon the said document once for all. While recognizing the right of the plaintiff to take an objection if there is a legal infirmity or illegality, the trial Court opined that a document, which is not stamped or registered, can be marked in the interlocutory applications and the objection taken by the plaintiff is to be considered while disposing of the interlocutory application. Opining that there should be no objection for marking the document, the document was directed to be marked though there is no registration and sufficient stamp duty.

(3.) The plaintiff challenges the said order as being in violation of the mandate of Section 35 of the Stamp Act and also the mandatory provisions of the Code of Civil Procedure in this regard and desires the marking of the inadmissible document to be reversed.