ORDER :

T. RAJANI, J.

1. This revision is preferred against the order, dated 4.1.2018, passed in IA No. 758 of 2017 in OS No. 34 of 2011, by virtue of which the Court dismissed the petition, which was filed under Section 49 of the Registration Act read with 151 CPC seeking to admit the draft sale deed, dated 9.9.2009, and the agreement of sale, dated 20.8.2009, in evidence as per the proviso to Section 49 of the Registration Act.

2. Heard the Counsel for the petitioner as well as the Counsel for the respondents.

3. A perusal of the impugned order would show that the Court considered that earlier there was a docket order passed by the Court in OS No. 8 of 2010, which was clubbed with OS No. 34 of 2011 refusing to mark the same document. Against the said docket order, the petitioner therein preferred revision and the High Court confirmed the order. A perusal of the docket order shows that no reasons were absolutely mentioned.

4. Be that as it may, the Counsel now submits that the document at present is sought to be marked in OS No. 34 of 2011 and not in OS No. 8 of 2011 in which refusal to admit the document was recorded. He also draws the attention of this Court to proviso to Section 49