G. Chockalingam, J.

1. This Civil Revision Petition is filed against the order dated 10.09.2012 in I.A. No. 1432 of 2012 in O.S. No. 250 of 2009 passed by the learned Principal District Munsif, Tindivanam, in and by which, the application filed by the revision petitioner/second defendant to impound the unregistered sale deed, dated 05.09.1994 executed by Srinivasa Pillai in favour of the revision petitioner, for the purpose of paying stamp duty penalty, was dismissed.

2. Learned counsel for the revision petitioner/D2 contended that the lower Court failed to see that the above said unregistered sale deed, dated 05.09.1994 was sought to be impounded for paying stamp duty and penalty and the lower Court simply decided the case with regard to the admissibility of the document. He further contended that the Court below dismissed the application for impounding the document on the ground that the document cannot be received in evidence even for collateral purpose, unless it is duly stamped or penalty is paid under Section 35 of the Indian Stamp Act. He further submitted that the Court below failed to notice that the application for impounding the document was filed to pay the stamp dut