G.SHYAM PRASAD
Peddina Subba Rao, S/o Venkayya – Appellant
Versus
Peddina Prasad, S/o Venkatarao – Respondent
ORDER :
The Civil Revision Petition arises out of the order dated 20.08.2019 passed in O.S No.373 of 2012 on the file of I Additional Judicial Magistrate of First Class, Eluru.
2. Heard the arguments of learned counsel for the petitioner and the respondents.
3. The revision petitioner is the plaintiff. He filed O.S.No.373 of 2012 before the trial Court for permanent injunction. The respondents who are defendants in the suit have filed Exchange Deed dated 14.02.1997 which is an unregistered document to receive in their evidence. At that time, the respondent/plaintiff raised an objection that it was an unregistered document therefore it cannot be marked. The trial Court has permitted to mark the Exchange deed dated 14.2.1997 holding that the said document was impounded and therefore it is admissible in evidence for collateral purposes only to the limited extent of the schedule property.
4. Learned counsel for the revision petitioner placed reliance on the judgment in case of K.B. Saha & Sons Private Limited Vs Development Consultant Limited 2008 (5) SCC 717 (DB), wherein, it was held in para21, reads as under:
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