THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3397 of 2011 ORDER: The respondent filed O.S.No.52 of 2008 in the Court of Senior Civil Judge, Kandukur against the petitioner for recovery of amount on the basis of hand letters. The petitioner filed written statement opposing the suit. She filed I.A.No.145 of 2011 under Section 151 C.P.C. with a prayer to treat the documents relied upon by the respondent as ‘bonds’ as defined under Section 2(5) of the Indian Stamp Act and to collect stamp duty and penalty thereon. The application was opposed by the respondent. The trial Court dismissed the I.A. through order, dated 20.07.2011. Hence, this revision. Heard the learned counsel for the petitioner. The trial of the suit is yet to commence. The Court has to examine the nature of the documents and the admissibility thereof at the stage of trial. The petitioner wanted a declaration as to the characteristic of the documents even before the trial commences. Further, the impounding of a document and levy of penalty is a matter between the Court and the party, who relies upon the document. If the petitioner is so advised, she can insist that an issue be framed as to the admissibility of the document. There cannot be any independent and separate adjudication about the nature and admissibility of the documents. The trial Court has taken correct view of the matter. Therefore, the civil revision petition is dismissed. It is however left open to the petitioner to insist on the trial Court to frame an independent tissue as to the admissibility of the documents relied upon by the respondent. There shall be no order as to costs. __________ 26.08.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.3397 of 2011 Date: 26.08.2011 JSU