TMI Blog2010 (7) TMI 1158X X X X Extracts X X X X X X X X Extracts X X X X ..... nsufficiency of stamp duty and want of registration was ruled out by the trial Court by the impugned order. Referring to three precedents from this Court, the trial Court was of the opinion that it is not open to the plaintiff to insist upon the Court to undertake an independent enquiry into the admissibility of the document at the interlocutory stage to pronounce upon the said document once for all. While recognizing the right of the plaintiff to take an objection if there is a legal infirmity or illegality, the trial Court opined that a document, which is not stamped or registered, can be marked in the interlocutory applications and the objection taken by the plaintiff is to be considered while disposing of the interlocutory application. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der directing admission of inadmissible documents. 7. Considering the question in T. Bhopal Reddy and Anr. v. K.R. Lakshmi Bai and Anr.1998(1) ALD 770 a Division Bench of this Court overruled the decision of a learned single Judge in G. Sambrajyam v. P. Mahalakshmma and Ors. 1995 (1) ALD 358, holding that there is no provision in Civil Rules of Practice for marking documents as exhibits at the stage of interlocutory matters. The Division Bench opined that the documents marked for the purpose of determination of any interlocutory application cannot be treated as evidence per se, but would enable the Court to prima facie come to a conclusion about the merits or demerits of the contentions advanced. For that purpose, the Court should necess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the stage of interlocutory applications, marking of documents cannot be on the same plane as is done at the stage of recording evidence in the suit. It was opined that if a document is subjected to rules of evidence, even at the stage of consideration of interlocutory applications, without there being any oral evidence, by the same logic, they should be permitted to be on record of the suit without any further subjection to oral evidence or scrutiny as to relevancy and proof. Such a stage, in His Lordship's opinion, is to be relegated to the one of recording evidence, for the disposal of the suit. The objection in the case before His Lordship was about want of registration of the agreement of sale in question and it may be noted that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing but circumventing the provisions of Section 35 of the Stamp Act if the original instrument, which is required to be stamped, was not duly stamped. Similarly in the decision reported in Manda Laxmi Rajam v. Kanaparthi Laxmi Bai @ Laxmi and Ors. 2008 (5) ALD 279 it was pointed out that the original document not properly stamped and not registered could not have been subjected to collection of the required stamp duty and penalty unless the original is produced. Unless the stamp duty and penalty is paid, the document will be inadmissible in evidence for any purpose and the learned Judge refused to consider any admission of such document. In that view, it is clear that Section 35 of the Stamp Act makes a document inadmissible for any purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irmity or illegality. The trial Court went wrong in appreciating the ratio of the precedents cited before it as permitting the marking of an unstamped and unregistered document in an interlocutory enquiry and opining that the objections will be considered while disposing of the interlocutory application. Section 60 of Civil Rules of Practice provides for marking of the documents in interlocutory proceedings in the same manner as in a suit and under the circumstances, the impugned order is liable to be set aside and the trial Court is to be directed to determine the objections of the Revision Petitioner/plaintiff against the admissibility of the document on the ground of insufficiency of stamp and want of registration. 13. Accordingly, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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