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2014 Supreme(Kar) 1012

N.KUMAR
Boramma – Appellant
Versus
Boraiah – Respondent


Advocates:
Advocate Appeared:
For Appellant : Sri. H.C. Shivaramu, Adv.
For Respondents: Sri. T.N. Raghupathy, Adv. for R1, 3 and 4

ORDER :

N. Kumar, J.

1. This is a plaintiffs writ petition challenging the order passed by the Trial Court permitting the defendant to mark an unregistered sale deed and also permitting him to pay stamp duty and penalty in respect of the said document. The plaintiff has filed a suit for declaration of title and for possession of the plaint schedule property. Defendants have filed a written statement contesting the claim. Issues have been framed. The plaintiff has produced both oral and documentary evidence and closed his side. Defendants also have adduced evidence. Thereafter, the defendants' counsel wanted to produce some unregistered sale deeds and wanted to mark them. The plaintiffs counsel objected for the same on the ground that the documents are not duly stamped. They are also unregistered and the way it is produced is not in accordance with law. The Trial Court after referring to various judgments of this Court proceeded to hold that an unregistered document could be marked for collateral purpose. There is no absolute bar for marking the documents. Insofar as the document not being duly stamped, is concerned, the Trial Court said that the Court can impound the document and dir


























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