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K. MANMADHA RAO
Gunnamaneni Subba Rao S/o Late Kotaiah – Appellant
Versus
Kola Venkateswarlu S/o Ramaiah – Respondent
| Table of Content |
|---|
| 1. introduction to the case and parties involved. (Para 1 , 2) |
| 2. plaintiff's arguments on court order legality. (Para 4 , 5) |
| 3. court observations on document admissibility. (Para 6 , 8) |
| 4. legal provisions regarding registration of documents. (Para 7) |
| 5. conclusion of the revision petition dismissal. (Para 9 , 10) |
ORDER :
1. This Civil Revision Petition is preferred against the docket order, dated 05.01.2023 passed in I.A. No. 1341 of 2019 in O.S. No. 216 of 2012 on the file of the Principal Junior Civil Judge, Chirala, Prakasam District (for short “the Court below”).
2. The petitioner herein is the plaintiff and the respondents herein are the defendants in the suit in O.S. No. 216 of 2012, which was filed for grant of permanent injunction. The impugned I.A. No. 1341 of 2019 in O.S. No. 216 of 2012 was filed by the respondent/1st defendant under Order 26 Rule 5 and Section 151 of CPC before the Court below to appoint an Advocate Commissioner for recording his cross examination at his residence at Kadavakuduru Sand.
3. Heard Sri V. Naga Praveen, learned counsel appearing for the petitioner and Sri N. Sai Phanidra Kumar, learned counsel appearing for the respondents.
4. Le
Unregistered agreements of sale are inadmissible in evidence for suits requiring registration under the Indian Registration Act, as their nature is determined by recitals, not nomenclature.
Unregistered and unstamped documents are inadmissible in evidence and cannot be impounded for stamp duty under the Indian Stamp Act.
The trial Court cannot revisit document admissibility issues already determined by a higher court, emphasizing adherence to prior judgments.
Unregistered sale deeds are inadmissible as evidence in property transactions requiring registration; compliance with registration is necessary for evidential validity.
An unregistered and unstamped Release Deed cannot be admitted as evidence unless it is duly registered, as per Section 17 of the Registration Act.
Unregistered documents, mandatorily registrable, cannot be admitted in evidence, even for collateral purposes, if they affect rights in immovable property, reinforcing the necessity of adherence to r....
An unregistered Sale deed may be admissible for collateral purposes if proper procedures, including stamp duty payment, are followed, according to Section 49 of the Indian Registration Act.
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