( 1 ) THIS revision is filed under Article 227 of the Constitution of India being aggrieved by an Order dated 28-1-2004 made in I. A. No. 62 of 2004 in O. S. No. 71 of 1998 on the file of the learned I Additional District Judge, rajahmundry, wherein the petition filed by respondents 1 and 2 herein under Order XIII rule 4 read with Section 151 of the Code of civil Procedure to direct the petitioner herein to pay stamp duty and penalty and obtain registration of the document i. e. Ex. B-38 as per law in the time stipulated by the Court, was allowed.

( 2 ) THE suit is filed for partition of the plaint schedule properties by metes and bounds. During the pendency of the suit, when D. W. 6 (3rd defendant) was examined by commission, a carbon copy of the family settlement deed dated 9-7-1987 was marked through him. Thereafter, defendant Nos. 4 and 5 filed the present I. A. stating that unless and until Ex. B-38 is duly stamped and registered, the same cannot be admitted in evidence. The 3rd defendant (petitioner herein) resisted the same saying that once the document is marked, defendants 4 and 5 cannot question the admissibility of the same. The Trial Court, after hearing both sides and

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