1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.1320 OF 2010 JAIRAM L AADE . -: versus :- SUBHASH B. MESHRAM Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri N.B.Bargat, Advocate for Petitioner. Shri V. Kulsunge, Advocate for Respondent. CORAM : B.P. DHARMADHIKARI, J. DATED : APRIL 26, 2010. 1. Insufficiently stamped and un-registered agreement for sale was produced by the petitioner/ plaintiff in Special Civil Suit No.3 of 2008 and in evidence the trial Court refused to impound it. Advocate Shri Bargat, relying on judgment in Narendra Kumar Vs. Hans Raj, reported in AIR 1986 Himachal Pradesh 75 contends that the moment insufficiently stamped document came before the Court it was obligation to impound it. 2. Advocate Shri Kulsunge, relying upon a judgment of Division Bench of this Court in Naginabhai P. Desai vs. Taraben A. Sheth, reported in 2003(1) ALL MR 1006 contends that once admissibility of evidence is decided that adjudication attains finality. I find that it is not necessary for this Court to go into the aspect of admissibility. 3. The learned counsel for the petitioner has tried to contend that documents can be used for co-lateral purpose. 2 But what that co-lateral purpose is, he is not in a position to specify. It is apparent that the document is un-registered and insufficiently stamped. Absence of registration cannot be cured but then as per law the document can be impounded and appropriate further steps as per provisions of the Bombay Stamp Act can be taken. 4. Hence, the impugned order, refusing to impound the agreement for sale dated 26.12.2005 is hereby set aside. The trial Court shall impound that document and proceed further in accordance with law. It is clarified that this Court has not in any way recorded any findings about admissibility of that document in evidence. 5. The petition is partly allowed. No costs. JUDGE RR