ORDER :

K. Sreedharan, J.

Petitioners 1 to 3 and 4th respondent are brothers. 4th respondent instituted O. S. No. 10/83 on the file of the Additional Munsiffs Court, Palghat against the first petitioner. The dispute in that suit centred around a tamarind tree. 4th respondent contended before the court that the tree stands in the portion allotted to him in the family partition. To support that plea, he produced an unregistered partition deed written on plain paper. An application for receiving that document in evidence was also filed by him. First petitioner who was alone made party in that suit contended that the document is a concocted and fabricated one and that he did not subscribe his signature to it. The court impounded the document and forwarded it to the third respondent for collection of stamp duty and penalty. When the suit came up for trial, 4th respondent reported "not pressed". Consequently the suit was dismissed. So the court had no opportunity to examine the contention of the first petitioner regarding the genuineness of the document.

2. Third respondent issued notice to petitioners requiring them to show cause why stamp duty and penalty totalling to Rs. 1,100/- be not l