1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION No.1522 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 K.Mariappan .. Petitioner Vs. P.Sudalaimuthu (died) 1.S.Muthammal 2.P.S.Ponnudurai 3.s.Peratchi @ Nambivel 4.Muthumariammal 5.Thangalakshmi 6.Meenachi Selvi .. Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the fair and decretal order dated 06.04.2011 passed in Interlocutory Application No.165 of 2011 in Original Suit No.10 of 2008 by the First Additional District Munsif Court, Tirunelveli. For Petitioner : Mr.S.S.Sundar For Respondents : Mr.D.Nallathambi ORDER The order dated 06.04.2011 passed in Interlocutory Application No.165 of 2011 in Original Suit No.10 of 2008 by the First Additional District Munsif Court, Tirunelveli is being challenged in the present Civil Revision Petition. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.10 of 2008 on the file of the Court below for the relief of perpetual injunction, wherein the present respondents have been shown as defendants. During pendency of the same, the present petitin has been filed in Interlocutory Application No.165 of 2011 so as to send the document mentioned therein to the concerned authority for impounding the same as per law. The Court below has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 2 3. The learned counsel appearing for the revision petitioner has contended that the document in question is nothing, but a deed dated 23.01.1992 and the same has come into existence amongst the petitioner and predecessor in title of the defendants and since the the same has not been properly stamped and registered, the present petition has been filed so as to impound the same with the intervention of concerned authority, but the Court below has erroneously dismissed the same stating that the document in question is inadmissible in evidence and therefore the order passed by the Court below is liable to be set aside. 4. In fact, this Court has perused the document in question, wherein a transaction has been concluded. On the basis of the nature of transaction mentioned in the document, this Court is of the view that the document in question must be written on proper stamps and the same should also be registered. The Court below has dismissed the present petition simply on the ground that the document in question is inadmissible in evidence. Considering the nature of the relief sought for in the present petition, the reason given by the Court below for dismissing the petition is not proper. The Court below is bound to impound the document by itself or to send the same to the concerned authority for the same purpose. The Court below has failed to understand that marking is entirely different from admissibility of a particular document. Therefore viewing from any angle, the order passed by the Court below is not proper and the same is liable to be set aside. 5. In fine, this Civil Revision Petition is allowed without costs and the order passed in Interlocutory Application No.165 of 2011 in Original Suit No.10 of 2008 by the First Additional District Munsif Court, Tirunelveli is set aside and the petition filed in Interlocutory Application No.165 of 2011 in Original Suit No.10 of 2008 is remitted to the file of the First Additional District Munsif Court, Tirunelveli. The First Additional District Munsif Court, Tirunelveli is directed to impound the document by itself or to send the same to the concerned authority. The respondents are at liberty to question the evidentiary value of the document in question at the time of arguments. Consequently, connected Miscellaneous Petition is closed. smn Sd/- Assistant Registrar[T&P] /True copy/ To Sub Assistant Registrar The First Additional District Munsif Court, Tirunelveli. +1 cc to M/s.S.S.Sundar, Advocate SR.No.40919. C.R.P(PD)(MD)No.1522 of 2011 and M.P(MD)No.1 of 2011 Dated:21.11.2011 2P/3C RPB 07.12.2011 https://hcservices.ecourts.gov.in/hcservices/