Alfred Henry Lionel Leach, C.J.

1. This appeal has been placed for hearing before a Ful Bench, as it involves the consideration of certain observations contained in the judgment of this Court in Venkatadri Somappa v. Official Receiver of Bellary AIR1938Mad801 to which exception has been taken. The appellant filed a suit in the Court of the Subordinate Judge of Devakotta to recover the sum of Rs. 14,186-15-9 which he claimed to be due to him under a deed dated 15th August, 1937. This deed admittedly purported to release the plaintiffs interests in immovable properties situate in Burma, where there is a Registration Act similar to the Indian Registration Act. The deed was not registered and consequently the defendants objected to its being admitted in evidence Their objection was upheld by the Subordinate Judge, who consequently dismissed the suit. The appeal is from this decision. The appellant says that his suit was a suit for specific performance of an agreement for the payment of the consideratior for releasing his interest in the immovable properties of the firm and by virtue of the proviso to Section 49 of the Registration Act he was entitled to produce the document in e