THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1411 OF 2010 ORDER: 1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the order dated 19.02.2010 in I.A. No.1221 of 2009 in O.S. No.196 of 2005 on the file of the Senior Civil Judge, Vikarabad, Ranga Reddy district, whereunder and whereby the application filed to send certain unregistered documents allegedly executed between the parties to the suit, for impounding, was dismissed. 2. Heard both sides. 3. The suit is filed for partition of plaint schedule properties and ascertainment of shares among the persons entitled as per law. The learned counsel for the respondents contended that since a sale deed is compulsorily registerable document under Section 17 of the Registration Act, 1908, it cannot be received as evidence to establish right, title and interest, and therefore, the trial court rightly dismissed the application and the impugned order needs no interference. Admissibility and relevancy of the documents sought to be received, can be decided in the suit itself. But, at the threshold stage of receipt of the documents, the trial court refused to receive the documents on the ground that they are compulsorily registerable documents under Section 17 (1) (b) of the Registration Act, 1908 and therefore they cannot be received in evidence. 4. It is not in dispute before this court the documents in question are ‘instruments’ defined in Section 2 (14) of the Indian Stamp Act, 1899 (for short, “Stamp Act”). Such is the case, stamp duty and penalty are required to be paid on the said documents. Admittedly, stamp duty and penalty have not been paid. Even in case of the document which is compulsorily registerable under Section 17 (1) (b) of the Registration Act, 1908 but is not registered, it can be used for collateral purpose as provided under proviso to Section 49 of the Registration Act, 1908. But, such stage would not come in this case in view of the fact that under Section 35 of the Indian Stamp Act, 1899, no instrument chargeable with duty shall be admitted in evidence for any purpose by any person unless such instrument is duly stamped. Therefore, the trial court ought to have impounded the document for payment of stamp duty and penalty under Section 35 of the Indian Stamp Act, 1899. Hence, the impugned order is liable to be set aside. 5. The Civil Revision Petition is, accordingly, allowed. No costs. The trial court is directed to receive the documents after payment of requisite stamp duty and penalty. It is made clear that admissibility and relevancy of the documents can be decided during trial of the case and the learned counsel for the respondents is at liberty to make objections at the time of marking the documents. --------------------- (K.C.Bhanu, J.) 24.2.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1411 OF 2010 24.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1411 OF 2010 24.2.2011 Between: Vadla Satyamma & others …Petitioners And Vadla Laxmamma & others …Respondent