THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3584 of 2010 ORDER: The petitioner filed O.S.No.23 of 2007 in the Court of Junior Civil Judge, Kamalapuram against the respondents for the relief of specific performance of an agreement of sale, dated 25.04.1995. She also filed I.A.No.63 of 2007 under Order 39 Rules 1 and 2 C.P.C. for temporary injunction to restrain the respondents from alienating the suit schedule property. In the course of enquiry into that application, she wanted to file the agreement of sale as a piece of evidence. The respondents raised objection as to the admissibility of the document. The trial Court upheld the objection, through order dated 02.09.2009. Hence, this revision. Heard the learned counsel for the petitioner. The petitioner wanted to rely upon the agreement of sale in the course of enquiry into the I.A. filed under Order 39 Rules 1 and 2 C.P.C. Even at that stage, the Court is competent to examine the question of admissibility. It may be true that in a suit for specific performance of an agreement of sale, even an unregistered document can be taken into account, as per proviso to Section 49 of the Registration Act. However, the requirement as to payment of stamp duty is not exempted. In such cases, irrespective of the purpose for which the document is relied upon, the deficiency as to payment of stamp duty cannot be exonerated. The trial Court has taken correct view of the matter. The civil revision petition is accordingly dismissed. There shall be no order as to costs. __________ 18.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3584 of 2010 Date: 18.08.2010 JSU