( 1 ) THIS Civil Revision Petition, by the plaintiff, is directed against the order, dated 20-10-2003, passed by the Junior Civil judge, Pattikonda, Kurnool District, in C. F. R. No. 2428 of 2003, in an un-numbered original suit, insisting for payment of stamp duty and penalty on the suit document, which is an agreement of sale, for registering the plaint, at the time of registration of the plaint as a suit.

( 2 ) THE facts, as could be seen from the impugned order, are that the petitioner herein had instituted the suit for specific performance of an agreement of sale against the respondent herein on the basis of an agreement of sale dated 17-6-1992. Office of the Court below took an objection as to the maintainability of the suit stating that the suit document i. e. , agreement of sale dated 17-6-1992, is a sale deed in the eye of law and not an agreement of sale simpliciter inasmuch as the recitals in the agreement of sale show that the property was delivered to the petitioner/plaintiff along with the agreement and hence the suit cannot be numbered unless the required stamp duty and penalty on the said basic document is paid.

( 3 ) THE Court below heard the lear