(1.) This civil revision petition is directed against the order dated 21,10.2009 in OS No.162 of 2005, on the file of the Senior Civil Judge, Vizianagaram, wherein an unmarked document dated 7.11.1990 described as partition list (pampakapu jabitha) was permitted to be admitted in evidence.
(2.) Heard the learned Counsel appearing for both sides. Perused the record.
(3.) The petitioners herein are the plaintiffs. They filed the suit against the respondents/defendants for a declaration that they are the absolute owners of the plaint schedule house and for a permanent injunction restraining the respondents/ defendants from interfering with their possession and enjoyment. The respondents/ defendants filed written statement and contested the suit. During trial, evidence was recorded on both sides and the matter stood posted for arguments. At that stage, the defendants filed IA No.789 of 2008 to reopen the evidence and another IA No.79G of 2008 to recall DW1 for further chief examination. The said applications were allowed on 31.8.2009. During the further chief- examination of DW1, the defendants sought to mark an unregistered document titled as 'pampakapu jabitha' (partition list) dated 7.11.1990 as an exhibit. The plaintiffs opposed the same on the ground that the said document is neither written on proper paper nor registered and the said document being a partition deed is inadmissible in evidence. After hearing both sides regarding the admissibility or otherwise of the said document, the learned Senior Civil Judge, by the impugned order dated 21.10.2009, permitted the defendants to mark the said document as an exhibit on the premise that the said document is only a partition list and not a partition deed and, therefore, does not require any stamp duty or registration. Aggrieved by the same, the plaintiffs preferred the present revision.