KALAKONDA PRAKASH Vs. BILLAKANTI VAMAN MURTHY

JUDGEMENT

(1.) The plaintiff in O.S.No.81 of 2004, on the file of the Senior Civil Judge, Wanaparthy, filed this revision. He feels aggrieved by an order dated 26-9-2005, passed by the trial Court, refusing to receive a document in evidence.

(2.) Petitioner filed the suit against the respondent, for recovery of certain amount. He pleaded that the respondent borrowed a sum of Rs.20,000/- from him, and executed a mortgage deed, dated 28-11-2001, as a security for repayment. According to him, even while the said mortgage was in force, the respondent borrowed a further sum of Rs.2,00,000/- on 8-1-2002, and an agreement is said to have been executed to the said amount, on the same day, in relation to that amount.

(3.) The trial of the suit commenced. The petitioner intended to introduce the agreement, dated 8-1-2002, into evidence. The respondent raised an objection, stating that the document is inadmissible in evidence, since it is a deed of mortgage, but not registered. Through the order under revision, the trial Court upheld the objection.