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2022 Supreme(AP) 860

B. S. BHANUMATHI
P. N. Varalakshmi Died – Appellant
Versus
K. Chandra – Respondent


Advocates Appeared:
For the Petitioner: O. Udaya Kumar.
For the Respondent: V. Nitesh.

ORDER :

This revision, under Article 227 of the Constitution of India, is filed challenging the order, dated 27.02.2020, dismissing I.A.No.693 of 2017 in O.S.No.322 of 2013 on the file of the Court of Additional Senior Civil Judge, Chittoor, filed under Section 151 CPC to impound the suit agreement of sale as it is liable for stamp duty and penalty or else to eschew the document from evidence.

2. Heard Sri O. Uday Kumar, learned counsel appearing for the revision petitioners/defendants 1 to 3 and Sri V. Nitesh, learned 1st 2nd counsel for the respondent/plaintiff. The respondent/ defendant No.4 is shown to be not a necessary party to this revision, as she was set ex-parte before the trial Court.

3. The facts, in brief, are as follows:

The plaintiff filed the suit seeking specific performance of the suit agreement of sale. The defendants resisted the suit on the ground that the suit agreement of sale is created in order to knock away the property of the plaintiff, and therefore, the suit agreement of sale is liable to be impounded as it is not admissible in evidence. However, the plaintiff marked the said document as one of the exhibits. As per law, the document is liable to be impounde

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