B NARAYANA Vs. B RAJAIAH

JUDGEMENT

(1.) This Revision is filed against the order passed in I.A.No.290/95 in O.S.N0.121, 89 on the file of the sub Court Kort-nagar, The defendant had filed a petition under Order 13 Rules 1 & 2 C.P.C. to receive some documents. But the controversy is with regard to the endorsement made on the reverse of sale deed in which it is alleged that the share of plaintiff was given up in favour of the defendant. The learned Subordinate Judge after considering the rival contentions dismissed the petition in respect of that document only. The other documents were received. Against the said order the present Revision is filed.

(2.) The learned counsel appearing for the Revision petitioner submitted that the admissibility or otherwise of the endorsement can be looked into at the time of trial of the main suit, and that now the lower Court has to see only whether reasonable cause is shown for filing the documents at this stage. In his submission, the Lower Court was wrong in pre-judging the issue whether a compulsorily registrable document can be received under Order 13 Rules 1 & 2 of C.P.C. On the other hand the learned counsel for the respondent submitted that the endorsement purported to have been made by the plaintiff amounts to giving up of his share in the property. This portion is registrable under Section 17 of the Indian Registration Act. Therefore, by virtue of Order 13 Rule 3 of C.P.C. the Court was right in rejecting to receive the endorsement on the sale deed.

(3.) I am unable to agree with the submission made by the learned counsel for the respondent. We cannot go into the question of admissibility or otherwise of the document at this stage. If the endorsement sought to be received is compulsorily registrable under Section 17 of the (Indian) Registration Act, that will be thrown out at the time of the trial of the suit. Now it is premature to consider that aspect at this stage. Therefore, the order under revision cannot be sustained.