HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITON No.4501 of 2009 ORDER: The petitioner filed a suit against the respondent, for specific performance of an agreement of sale dated 28.12.2005, in the Court of the Principal District Judge, Kadapa. An objection was raised by the office of the Court as to the admissibility of the document on the ground that it was not properly stamped and registered. The petitioner represented the plaint by offering some explanation. The matter was placed before the Court. Through its order dated 11.09.2009, the learned Principal District Judge, Kadapa upheld the objection and directed return of the plaint. Hence the revision. Heard the learned counsel for the petitioner and Smt N.Shoba, learned counsel for the respondent. The suit filed by the petitioner was for specific performance of an agreement of sale. The plaint was returned on the ground that the agreement of sale was not properly stamped and registered and the same objection was upheld by the Court. It is no doubt true that Section 35 of the Indian Stamp Act, 1898 and Section 49 of the Registration Act, 1908 (for short ‘the Act’), place restrictions on the Courts to receive the documents which are not registered and not properly stamped. However, proviso to Section 49 of the Act carves out an exception as regards two cases. The first is where a document is relied on evidence in a suit for specific performance and the second is where it is relied as evidence of collateral transaction. The attention of the trial Court does not appear to have been drawn to this. In a suit for specific performance of an agreement of sale, requiring the plaintiff to pay the stamp duty and to get the document registered virtually amounts to begging the question. Those are the steps, to be taken, in the event of the suit being decreed. At any rate, the ground mentioned above cannot be the basis for returning the plaint. The question can be dealt with at a later stage. Therefore, the Civil Revision Petition is allowed, and the order under revision is set aside, and the trial Court is directed to number the suit reserving the question as to the admissibility of the document to be dealt with at appropriate time. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY,J Dt:16-06-2010 usd