THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4641 OF 2010 DATED: 08-04-2011. Between 1. T.Surya Kumari and two others … Petitioners-plaintiffs And 1.Bharanai Co-operative House Constructions Society Ltd., rep. by its Secretary Vincent Samuel and two others …Respondents-defendants THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO. 4641 OF 2010 ORDER: This revision is directed against the docket order, dated 25-08-2010, in O.S.No.451 of 2007, on the file of the III Senior Civil Judge, City Civil Court, Secunderabad, in receiving the unregistered agreement of sale, dated 04-04-1996, as evidence. 2. The trial Court received the document as evidence on the ground that the document is not compulsorily registerable. Whether the document is compulsory registerable or not, it makes no difference as far as Section 35 of the Indian Stamp Act, 1899 (for short ‘the Act’) is concerned. Once a document comes within the meaning of an instrument as defined under Section 2 (14) of the Act, it cannot be received as evidence for any purpose, unless stamp duty and penalty is paid. Admittedly, stamp duty and penalty is not paid. Therefore, the trial Court is directed to impound the document after receiving it as evidence. It is needless to observe that the admissibility and relevancy of the document is left open to be raised by both parties. 3. Accordingly, the Civil Revision Petition is allowed. No order as to costs. -------------------- K.C.BHANU, J DATED: 08-04-2011 Hsd