D SUJATA Vs. REVOORI VASANTHA

JUDGEMENT

(1.) The defendants is O.S.No.67 of 2003 on the file of the Senior Civil Judge, Kamareddy filed this revision aggrieved by the order dated 15-12-2004 passed in I.A.No.193 of 2004.

(2.) The respondents filed the suit for recovery of certain amounts from the petitioners. The trial of the suit commenced. On behalf of P.W.1, an affidavit in lieu of chief-examination was filed, on 15-4-2004, along with two documents, dated 9-5-1997 and 9-4-2000, respectively, titled as agreements. The trial Court marked them as Exs.A-3 and A-4.

(3.) On 29-6-2004, the petitioners are said to have been furnished copies of the affidavit as well as documents. They filed I.A.No.193 of 2004, on 2-7-2004, under Order 13 Rule 6 of C.P.C., with a prayer to reject the documents marked as Exs.A-3 and A-4. Their contention was that the documents have the effect of creating interest in Immovable property, and as such, they were required to be registered under Section 17 of the Registration Act, 1908. An objection was raised as to the amount of stamp duty, to be paid thereon. The I.A., was resisted by the respondents. Through its order under revision, the trial Court rejected the I.A., on taking the view that once a document is admitted, Section 36 of the Indian Stamp Act, 1899, prohibits the rejection of the same.