S RAVINDER Vs. G DASARATH

JUDGEMENT

(1.) This civil revision petition is filed against the order dated 4.3.2004 in I.A. No.99 of 2004, which in turn was filed in I.A. No.1794 of 2003 in O.S. No.1000 of 2003 on the file of the II Additional Senior Civil Judge, Ranga Reddy District.

(2.) The respondent filed the suit against the petitioner, for the relief of specific performance of an agreement of sale dated 17.7.2003. The respondent also filed I.A. No.1794 of 2003 under Order XXXIX Rule 1 C.P.C. for a temporary injunction restraining the petitioner from alienating the suit schedule property. When the enquiry into I.A. No.1794 of 2003 is in progress, the petitioner filed I.A. No.99 of 2004 under Rule 3 of Order XIII read with 115 C.P.C. for rejection of the agreement of sale dated 17.7.2003 on the ground that it is neither registered nor properly stamped. The Trial Court rejected the I.A. through the order under revision, by taking the view that the admissibility or relevance of the document can be considered only at the stage of recording the evidence and it is too early to pronounce upon the validity or otherwise of the agreement of sale.

(3.) Learned Counsel for the petitioner submits that the agreement of sale was not registered and not even properly stamped and in that view of the matter, it ought not to have been accepted by the Court at any stage. Placing reliance upon Rule 60 of the Civil Rules of Practice and Section 17 of the Registration Act, learned Counsel submits that unless the document was registered, the same cannot be looked into by the Trial Court, at any stage, even before the trial commences.