1. This revision is directed against the docket order dated 28.08.2009 in OS No.34 of 2007 on the file of the Senior Civil Judge, Gajuwaka, wherein the defendant was directed to pay Rs.960/- towards stamp duty and Rs.9,600/- towards penalty, total Rs.10,560/-, on the subject document and also holding that it shall be registered before it can be admitted in evidence.

2. Heard both sides. Perused the record.

3. The respondent herein filed suit OS No.34 of 2007 for declaration of title and recovery of possession of the plaint schedule property. The petitioner/defendant filed written statement, contesting the suit. Even during the course of trial when the matter stood posted for defendant’s side evidence, the defendant filed an agreement dated 25.05.1995 and sought to mark the same as an exhibit. The plaintiff objected for marking the said document on the ground that it requires stamp duty and penalty and also inadmissible for want of registration. The learned Senior Civil Judge, up hold the objection and directed the defendant to pay the stamp duty and penalty in a sum of Rs.10,560/-.

4. Learned counsel for the petitioner/defendant would contend that the petitioner has no g