1. This civil revision petition is directed against the order dated 21-10-2009 in O.S.No.162 of 2005, on the file of the Senior Civil Judge, Vizianagaram, wherein an unmarked document dated 07-11-1990 described as partition list (pampakapu jabitha) was permitted to be admitted in evidence.

2. Heard the learned counsel appearing for both sides. Perused the record.

3. The petitioners herein are the plaintiffs. They filed the suit against the respondents/defendants for a declaration that they are the absolute owners of the plaint schedule house and for a permanent injunction restraining the respondents/defendants from interfering with their possession and enjoyment. The respondents/defendants filed written statement and contested the suit. During trial, evidence was recorded on both sides and the matter stood posted for arguments. At that stage, the defendants filed I.A.No.789 of 2008 to reopen the evidence and another I.A.No.790 of 2008 to recall D.W.1 for further chief examination. The said applications were allowed on 31-08-2009. During the further chief-examination of D.W.1 the defendants sought to mark an unregistered document titled as ‘pampakapu jabitha’ (partition list) dated 07-11-1990 as an exhibit. The plaintiffs opposed the same on the ground that the said document is neither written on proper paper nor registered and the said document being a partition deed is inadmissible in evidence. After hearing both sides regarding the admissibility or otherwise of the said document, the learned Senior Civil Judge, by the impugned order dated 21-10-2009, permitted the defendants to mark the said document as an exhibit on the premise that the said document is only a partition list and not a partition deed and, therefore, does not require any stamp duty or registration. Aggrieved by the same, the plaintiffs preferred the present revision.

4. According to the plaintiffs, the first plaintiff was the absolute owner of the plaint schedule house having purchased the same under a registered sale deed dated 16-03-1970 from Mula Narasamma, who got the same by inheritance and as the first plaintiff had no issues, she settled the western half portion of the plaint schedule site in favour of her brothers’ sons i.e., plaintiffs 2, 3 and 4 under a registered settlement deed dated 12-08-1993 and ever since they have been in continuous possession and enjoyment of the same. They would further contend that the defendants have no right, title or interest. Hence, they filed the suit for declaration of their title and also for a permanent injunction restraining the respondents/ defendants from interfering with their possession and enjoyment. The defendants, on the other hand, would contend that the said property and other properties belong to the defendants’ family since over 90 years and above and they have been in possession and enjoyment of the same and the first plaintiff had no right, title or interest and the alleged settlement deed in favour of plaintiffs 2 to 4 is void and not binding on the defendants.

5. The written statement is, however, silent about the alleged partition. The written statement, does not, however specify as to how the defendants’ family became owner of the plaint schedule property. After the evidence of the D.W.1 was sought to be reopened, the defendants produced the disputed document, which purports to be a partition list. The plaintiffs objected for marking the said document on the ground that it is a partition deed and is, therefore, inadmissible and is written on insufficiently stamped paper and is not a registered one and is, therefore, inadmissible in evidence. The document is described as pampakapu jabitha (partition list).

6. It is well settled that the nomenclature used for describing the document is of no consequence and the nature and character of the document has to be discerned only from its contents. The document is dated 07-11-1990 and is written on stamped papers worth Rs.3/-, 3/-, 2/-, Re.1/- and