N RANGARAO Vs. N HANUMANTHA RAO

JUDGEMENT

(1.) This civil revision petition is directed against the order dated 5-7-2004 in I.A. No.170 of 2004 in O.S. No.7 of 2001 on the file of Senior Civil Judge, Addanki, by which the learned Judge dismissed the application filed by the plaintiff under Sections 35 and 38 of the Andhra Pradesh Stamp Act (for short 'the Act') read with Section 151 C.P.C.

(2.) The petitioner herein is the plaintiff and respondents are the defendants in O.S. No.7 of 2001. This suit was filed by the plaintiff for Specific Performance of an agreement of sale dated 29-1-2001. The plaintiff filed I.A. No.170 of 2004 before the learned Senior Civil Judge, to send the suit document i.e., agreement of sale dated 29-1-2001 to the Revenue Divisional Officer, Ongole, for impounding. The Respondents 1 to 4 filed counter resisting the said application. The learned Senior Civil Judge, on considering the material available on record and on hearing Counsel for both the parties, dismissed the application by order dated 5-7-2004. Assailing the said order, the petitioner-plaintiff has filed this civil revision petition.

(3.) The learned Counsel for the petitioner-plaintiff submits that the Trial Court has missed to note the proviso to Section 38(2) of the Act and thereby erred in dismissing the application. He placed reliance on the decision of Supreme Court in Chilakuri Gangulappa v. Revenue Divisional Officer, Madanapalle and other, 2001 (2) ALD 114 (SC) = AIR 2001 SC 1321, in support of his submissions.