THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.5748 OF 2010 O R D E R Aggrieved by the order dated 11.11.2010 passed by the court of Senior Civil Judge at Huzurabad, Karimnagar District in OSFCF.No.1185/2010 in returning the plaint for not complying with the office objection, the plaintiff filed the present revision. 2. The plaintiff filed the suit for specific performance based on simple sale deed and at the time of numbering of the suit, the trial court took objection stating that as the sale deed is not registered, required the plaintiff to pay stamp duty and penalty. As the plaintiff resubmitting the plaint without complying with the objection raised by the office, the plaint was returned by the impugned order. 3. The objection raised by the court below at the stage of numbering of the suit, is unsustainable and the payment of stamp duty and penalty would arise when the document is sought to be tendered in evidence. A learned single Judge of this court in KHASIM SAHEB v. HANUMANTHU[1], in similar facts and circumstances, when the plaint was rejected on the ground of non-payment of stamp duty and penalty on suit agreement of sale, held that plaint cannot be rejected on the mere ground of non-payment of deficit stamp duty and penalty payable on suit document and such question can be considered only when the said document is sought to be tendered in evidence. 4. In view of the judgment of this court referred to one supra, the objection raised by the court below cannot be sustained and the same is set aside and the trial court is directed to number the suit, if the same is otherwise in order and proceed in accordance with law. 5. The revision is accordingly allowed. No costs. 6. Registry is directed to return all the papers filed by the petitioner. AVS ---------------------------------- 01--04—2011 [1] 2005(1) ALD 596