1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION(NPD)(MD)No.2146 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Rajasekhar .. Petitioner/Second Defendant Vs. 1.Kala Devi 2.Ananthasekhar 3.Veerabhadran .. Respondents/Plaintiff and Defendants 1 and 3 Civil Revision Petition has been filed under Section 115 of the Code of Civil Procedure, 1908 against the fair and decretal order dated 08.04.2010 passed in Interlocutory Application No.232 of 2009 in Original Suit No.56 of 1999 by the Second Additional District Munsif Court, Kuzhithurai. For Petitioner : Mr.K.N.Thampi ORDER The order dated 08.04.2010 passed in Interlocutory Application No.232 of 2009 in Original Suit No.56 of 1999 by the Second Additional District Munsif Court, Kuzhithurai is being challenged in the present Civil Revision Petition. 2. The first respondent herein as plaintiff has instituted Original Suit No.56 of 1999 on the file of the Court below for the reliefs of partition and for setting aside the compromise decree effected in the earlier proceedings, wherein the present revision petitioner has been shown as second defendant. In Original Suit No.56 of 1999 on the side of the third defendant, Exs.B.3 to B.15, B.93 and B.94 have been marked. But some of these documents have not been registered as required by law and some of these documents are insufficiently stamped. Under the said circumstances, for the purpose of collecting stamp duty penalty, this petition has been filed by the second defendant as petitioner. The Court below has dismissed the same. Against the dismissal order, the present Civil Revision Petition has been preferred. 3. Considering the nature of the relief sought for in Interlocutory Application No.232 of 2009 as well as the order passed therein by the Court below, notice need not be sent to the respondents and this Civil Revision Petition is disposed of on merits at the stage of admission. 4. The present petition has been filed so as to impound the documents mentioned therein due to want of registration and also due to insufficient stamp. The Court below has simply dismissed the present petition on the ground that Original Suit No.56 of 1999 has been https://hcservices.ecourts.gov.in/hcservices/ 2 dismissed. The reason given by the Court below is totally incorrect. It is the bounden duty of the Court below to collect stamp duty penalty if a particular document is required to be registered or insufficiently stamped. Since it is the bounden duty of the Court below, the Court below cannot dismiss the present petition on the ground that Original Suit No.56 of 1999 has been dismissed. Therefore viewing from any angle, the order passed by the Court below is not correct and the same is liable to be set aside and the matter is liable to be remitted to the file of the Court below. 5. In fine, this Civil Revision Petition is allowed without costs at the stage of admission and the order passed in Interlocutory Application No.232 of 2009 in Original Suit No.56 of 1999 by the Second Additional District Munsif Court, Kuzhithurai is set aside and the petition filed in Interlocutory Application No.232 of 2009 in Original Suit No.56 of 1999 is remitted to the file of the Second Additional District Munsif Court, Kuzhithurai. The Second Additional District Munsif Court, Kuzhithurai is directed to look into the documents on the basis of the defects pointed out on the side of the revision petitioner/second defendant and pass suitable orders. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar (C.S) To The Second Additional District Munsif, Kuzhithurai. + 1 cc to Mr.K.N.Thampi, Advocate, SR No.39512 C.R.P(NPD)(MD)No.2146 of 2011 and M.P(MD)No.1 of 2011 14.11.2011 smn RJ/22.11.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/