THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 613 OF 2009 ORDER: 1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the order dated 21.11.2008 in I.A. No.434 of 2008 in O.S. No.2 of 2001 on the file of the Senior Civil Judge, Hindupur, Anantapur district, whereunder and whereby the application filed under Section 151 of the Civil Procedure Code, 1908 (for short, ‘CPC’) to receive the unregistered lease deed dated 10.06.1992 in evidence, was dismissed. 2. The petitioner/plaintiff filed the suit against the respondents/ defendants for recovery of advance amount paid by him basing on an unregistered lease deed dated 10.06.1992. When the said document was sought to be received in evidence, it was rejected by the trial court holding that since it is an unregistered document, it cannot be received in evidence for collateral purpose also. 3. The case of the petitioner/plaintiff is based on the unregistered lease deed dated 10.06.1992. It is not in dispute before this court the document in question falls within the meaning of an ‘instrument’ defined in Section 2 (14) of the Indian Stamp Act, 1899. Such is the case, stamp duty and penalty are required to be paid on the said document. Admittedly, stamp duty and penalty have not been paid on the document in question. 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. 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 has not come in this case since stamp duty and penalty have not been paid on the document in question. But, the impugned order of the trial court that the document in question cannot be received in evidence for collateral purpose also, is not in accordance with law. Therefore, the impugned order is liable to be set aside. 4. The Civil Revision Petition is, accordingly, allowed. No costs. The trial court is directed to receive the document in question subject to payment of requisite stamp duty and penalty. It is made clear that to what extent contents of the document can be used for collateral purpose, can be decided with reference to the evidence available on record. --------------------- (K.C.Bhanu, J.) 1.3.2011 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 613 OF 2009 1.3.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 613 OF 2009 1.3.2011 Between: N..Nagaratna Guptha …Petitioner And Chandra Mohan & another …Respondents