KADIAM PAPARAO Vs. SIDDIREDDY SATYANARAYANA

JUDGEMENT

(1.) The short question that arises for consideration in this revision petition is whether the evidence of a witness before the Registrar in an enquiry under Sec. 75 (4) of the Indian registration Act is admissible in a subsequent suit.

(2.) The petitioner is third plaintiff in O.s. No. 10 of 1976. The second plaintiff is his adoptive mother and the first plaintiff is his adoptive father. The first plaintiff died during the pendency of the suit. The suit was based on a sale deed dated 28-6-1974 which was the subject matter of an enquiry before the sub-Registrar. Rajahmundry on O.E. No. 1 of 1974. In that enquiry the first plaintiff deposed the circumstances under which the sale deed was executed by the defendants as the first plaintiff died during the pendency of the suit this petition was filed to receive his deposition, given before the sub-Registrar for a Just decision in this suit.

(3.) The respondents opposed the petition primarily on the ground that O.F. No. 1 of 1974 was not a judicial proceeding. They also contended that the execution of the sale deed was not substantially in issue in this suit and hence it is not relevant.