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G. NARENDAR
Govindu Siva Naga Jyothi – Appellant
Versus
Varikuti Mounika At Naga Mounika – Respondent
ORDER :
G.Narendar, J.
Heard the learned Counsel for the petitioners.
2. The instant Civil Revision Petition is directed against the order, dated 24.04.2024, rendered on the application i.e. I.A.No.675 of 2016 in O.S.No.273 of 2015, on the file of the Principal Civil Judge (Senior Division), Tenali, whereunder the application, preferred under Order XIII Rule 3 and Section 151 of CPC praying to demark Ex.A.1, was rejected.
3. The document Ex.A.1 is alleged to be an unregistered gift deed, dated 21.04.2013. The marking of the document is contested on the ground that it is not sufficiently stamped and also bad for want of registration under Section 17 of the Registration Act, 1908.
4. Order XIII Rule 3 reads as under:
5. The trial Court has placed reliance on the ruling rendered in the case of Sirikonda Madhava Rao v. N.Hemalatha, 2022 Live Law (SC) 970 and the judgment of the Hon’ble Apex Court rendered in the case of Korukonda Chalapathi Rao v. Korukonda Annapurna Sampath, Judgm
The court established that trial courts must diligently assess the admissibility of documents, particularly regarding stamping and registration, and have the authority to impound insufficiently stamp....
The court clarified that an unstamped document marked as evidence must be impounded and assessed for stamp duty prior to its admissibility in court.
A document admitted in evidence cannot be questioned for insufficiency of stamp duty, but courts have a mandatory duty to impound such documents regardless of any objections raised.
The admissibility of documents in civil proceedings must be determined judicially, particularly concerning compliance with stamp duty requirements under the Indian Stamp Act.
Unregistered sale deeds cannot be admitted as evidence to establish rights due to statutory inadmissibility, even if previously marked as evidence under objection.
Unregistered documents can be admitted as evidence under specific conditions despite stamp duty issues; timely objections are crucial.
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