GEDELA LALITHA KUMARI Vs. BONUMAHANTHI NEELAKANTHAM

JUDGEMENT

(1.) This revision petition is filed by the plaintiff in O.S. S.R. No. 1092 of 1997 against the Order of the District Munsif, Saluru dated 12.3.1997.

(2.) The plaintiff filed the suit for recovery of Rs. 10,000.00 with interest due from the respondents under a document described as 'simple mortgage deed' dated 10.2.1994. When the plaintiff filed the suit before the lower Court, an objection was raised regarding the plaintiff relying on the document for recovery of the money and the lower Court returned the plaint on the ground that the suit was filed on the basis of a document not admissible under law which is insufficiently stamped and unregistered.

(3.) It was further observed that the plaintiff has to pay the stamp duty and penalty on the document. Unless the stamp duty and penalty on the document is paid, it is not proper and correct to number the suit. The plaint was returned for payment of stamp duty and penalty within seven days.