( 1 ) THIS revision is filed against the order dated 20-6-96 passed in LA. No. 702/96 in OS No. 32/95 by the Additional Sub-Judge, Chittoor.

( 2 ) RESPONDENTS filed a petition IA No. 702/96 under Section 38 (2) of the Indian Stamp Act, 1899 requesting the Court to send the partition deeds to the Revenue Divisional Officer, Chittoor, for impounding the said documents as they are liable to pay stamp duty and penalty. The Court below allowed the said petition and ordered to send the documents to the Collector for the purpose of impounding the same. Aggrieved by that, the petitioner-plaintiff has filed this revision.

( 3 ) THE learned Counsel for the petitioner submits that the LA. was filed not only seeking the relief of sending the documents for impounding, but also to validate and admit the same in evidence, and the Court below granted the said relief, and hence requested to modify the order. The learned Counsel for the respondents on the other hand submitted that the question of admitting and marking the documents comes at a later stage, and that the said question is not germane for consideration at this stage by this Court, and that there is no basis for the apprehension of the petitioner, and requested this Court to dismiss the revision as there is no merit. The learned Counsel for the respondents in support of his submission that the Court below was perfectly justified in sending the documents to the R. D. O. for impounding, relied upon the judgment of this Court in B. V. R. Reddy vs. A. Co-op. C. Stores, in which it was held as under :"if the party filing the documents wants it to be admitted in evidence, then only the Court shall collect the duty and penalty and then admit it in evidence. But if the party instead of requiring the documents to be admitted in evidence merely wants the Court to send it to the Collector to be dealt with under Section 40, the Court has no option, but to send it to the Collector as provided under Section 38 (2 ). The Court cannot compel the party to pay duty and penalty and have it admitted in evidence. "

( 4 ) IN para 2 of the impugned order, it is observed by the lower Court as follows :"perused the petition and the orders in IA No. 727/95 dated 19-10-95. Since the petitioners themselves requested the Court to send the documents to the Collector under Section 38 (2) of Indian Stamp Act, the court has no other option than to send the same for impounding the documents. The petition is allowed and the documents in question sent to the Collector for the purpose of impounding the same. "

( 5 ) FROM the above, it is clear that the Court directed to send the documents in question to the Collector for impounding, and there is no direction to validate or receive or admit the documents in question and mark the same. Hence, there is no basis for the petitioner s apprehension. There is no merit in the C. R. P. , and is therefore dismissed.

( 6 ) THE petitioner, is however, at liberty to take all these pleas at the time of marking the documents if at all the respondents seek to mark the same. No costs.