K NARASIMHA RAO Vs. SAI VISHNU

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 7-3-2005 in I.A.No. 462 of 2004 in O.S.No.9 of 2003 on the file of the Court of the Senior Civil Judge, Bodhan.

(2.) The defendants 1 and 3 in the suit are the Revision petitioners. The 1st respondent herein, who being a minor represented by his mother filed the suit for partition and separate possession of his share in the suit schedule properties. The defendants 1 and 3/ Revision petitioners filed the written statement contesting the suit claim. During the course of the trial the defendants 1 and 3 sought to produce an unregistered settlement deed as evidence on their behalf. The said document was also not properly stamped. On an objection raised by the plaintiff, the Court impounded the said document and by order dated 3-12-2004 a sum of Rs. 21,510/- towards the deficit stamp duty together with penalty of Rs.2,15,100/- was directed to be collected. Admittedly, the said order has become final since the defendants 1 and 3 did not choose to question the same. It is also not in dispute that they did not pay the deficit stamp duty and penalty as per the order dated 3-12-2004. However, subsequently they filed I.A.No.462 of 2004 with a prayer to admit in evidence the very same document for collateral purpose contending that the said document is admissible in evidence for establishing collateral transaction, for which purpose registration of the document is not necessary.

(3.) The plaintiff filed a counter opposing the said application stating that in spite of the order of the Court impounding the document, the defendants 1 and 3 failed to pay the deficit stamp duty as well as the penalty as per the order dated 3-12-2004 and therefore the petition is misconceived and untenable. It was also stated that the plea that the document in question was necessary to establish the collateral transaction is false and incorrect and that it is nothing but an attempt to drag on the suit proceedings.