THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.No.2919 OF 2011 ORDER 1) This civil revision petition is directed against the order dated 8-7-2011 passed in O.S.No.112 of 2005 by the Junior Civil Judge, Yemmiganur, whereunder and whereby, the documents viz., unregistered partition deed dated 28-06-1989 and unregistered agreement dated 13-08- 1986, which are sought to be received as evidence, were ordered to be admitted in evidence. 2) Learned counsel for the petitioners-plaintiffs contended that unless the documents are impounded by the District Collector, the documents cannot be received as evidence. 3) On the other hand, learned counsel for the respondents-defendants contended that on an earlier occasion, one of the documents was impounded by the Revenue Divisional Officer, Adoni, and with regard to other document the District Registrar has made an endorsement to the effect that the penalty cannot be ascertainable, as such, the question of payment of stamp duty and penalty on those documents again does not arise. 4) The suit is filed by petitioners/plaintiffs against the respondents/defendants for partition and separate possession. During trial i.e., at the stage of defendants’ side evidence, when the documents in question were sought to be marked by the defendants, counsel for the plaintiffs raised objection therefor. If a document requires to be registered, but not registered, the same requires stamp duty and penalty as required under Section 35 of the Indian Stamp Act, 1899. 5) It is not in dispute that the documents viz., unregistered partition deed dated 28-06-1989 and unregistered agreement dated 13-08-1986 come within the meaning of ‘instruments’ under Section 2 (14) of the Indian Stamp Act, 1899. Once a document comes within the meaning of an ‘instrument’, it requires stamp duty and penalty as contemplated under Section 35 of the Stamp Act. Unless stamp duty and penalty are paid, the document cannot be looked into for any purpose including for collateral purpose. Therefore, the impugned order is liable to be set aside. 6) Accordingly, the civil revision petition is allowed and the impugned order is set aside. The trial Court is directed to send the documents viz., unregistered partition deed dated 28-06-1989 and unregistered agreement dated 13-08-1986 to the District Collector for payment of stamp duty and penalty. After payment of stamp duty and penalty, the documents can be received as evidence, subject to proof, admissibility and relevancy. ______________ K.C.BHANU,J rkk Dated: 16-09-2011