THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO. 1752 OF 2010 DATED: 20-08-2010 Between Mula Sammaiah …Petitioner-Plaintiff And D.Dharmaiah …Respondent-Defendant THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO. 1752 OF 2010 ORDER: This revision petition is filed under Article 227 of the Constitution of India, against the order, dated 24-02-2010, in O.S.No.140 of 2002 on the file of the Principal Junior Civil Judge, Huzurabad, in ordering to receive the documents as exhibits in the suit. 2. Heard the learned counsel appearing for the petitioner. None appears for the respondent. 3. Learned counsel for the petitioner contended that the unregistered document was sought to be received by the trial Court by virtue of impugned order in spite of taking objection that it is not admissible under law and hence, he prays to set aside the order. 4. Under Section 35 of the Indian Stamp Act, 1899, the document has to be properly stamped. If it is not properly stamped, it has to be impounded by the competent authority for payment of necessary stamp duty and penalty. According to the learned counsel for the petitioner, the petitioner is claiming right by virtue of unregistered document. No doubt, under Section 49 of the Registration Act, 1908, the document sought to be received as evidence even for collateral purpose, even the document is compulsorily registrable. Now the document sought to be received is with regard to the main purpose i.e., seeking right and title over the passage. Unless it is properly stamped, it cannot be looked into even for collateral purpose under Section 49 of the Registration Act. Therefore, the impugned order is set aside. 5. Accordingly, the Civil Revision Petition is allowed. No order as to costs. ------------------------------- JUSTICE K.C.BHANU DATED:20-08-2010 Hsd