SUNKARA SURYA PRAKASH RAO Vs. MADIREDDI NARSIMHA RAO

JUDGEMENT

(1.) CRP MP No. 1321/2007 is filed to vacate the interim stay granted by this Court in CRP MP No. 8792/2006 in crp No. 6416/2006 dated 19. 12. 2006 and pass such other suitable orders. When the vacate application came up for hearing, the counsel representing the parties made a request for the final disposal of the civil revision petition and made elaborate submissions. Hence, the civil revision petition itself is being disposed of finally.

(2.) THIS Court on 19. 12. 2006 while admitting the civil revision petition, in CRP mp No. 8792/20q6 made the following Order:

(3.) SRI Ch. Pushyam Kiran, the learned Counsel representing the revision petitioner had taken this Court through the contents of the Order under challenge in the present civil revision petition and would maintain that the learned Principal Junior civil Judge, Rajahmundry, erred in allowing the Xerox copy of the alleged lease deed be received as secondary evidence subject to the condition of the payment of stamp duty and penalty. The learned Counsel also pointed out that the alleged lease deed was not even pleaded in the plaint. The counsel also incidentally had drawn the attention of this Court to Sections 17 and 49 of the Indian Registration Act and also the relevant provisions of the Indian Stamp act and would maintain that in the light of the decided cases, the impugned order cannot be sustained and the same is liable to be set aside.