BHUPATHI M A Vs. M KOTESWARA MUDALI

JUDGEMENT

(1.) This revision is filed against the order dated 20-6-96 passed in LA. No. 702/96 in OS No.32/95 by the Additional Sub-Judge, Chittoor.

(2.) respondents filed a petition IA No.702/96 under Section 38(2) of the Indian Stamp Act, 1899 requesting the Court to send the partition deeds to the Revenue Divisional Officer, Chittoor, for impounding the said documents as they are liable to pay stamp duty and penalty. The Court below allowed the said petition and ordered to send the documents to the Collector for the purpose of impounding the same. Aggrieved by that, the petitioner-plaintiff has filed this revision.

(3.) The learned Counsel for the petitioner submits that the LA. was filed not only seeking the relief of sending the documents for impounding, but also to validate and admit the same in evidence, and the Court below granted the said relief, and hence requested to modify the order. The learned Counsel for the respondents on the other hand submitted that the question of admitting and marking the documents comes at a later stage, and that the said question is not germane for consideration at this stage by this Court, and that there is no basis for the apprehension of the petitioner, and requested this Court to dismiss the revision as there is no merit. The learned Counsel for the respondents in support of his submission that the Court below was perfectly justified in sending the documents to the R.D.O. for impounding, relied upon the judgment of this Court in B.V.R. Reddy vs. A. Co-op. C. Stores, in which it was held as under :