ORDER:

This Civil Revision Petition is directed against the order of the Court of learned Senior Civil Judge, Narsipatnam, in I.A.No.138 of

2009 in O.S.No.105 of 2007 dated 10.07.2015.

2. The respondent is the plaintiff and the petitioner is the defendant in the suit.

3. The respondent laid the suit for specific performance basing on an agreement for sale dated 07.04.2005 against the petitioner and in alternative, for refund of the advance amount paid thereunder. The property concerned to this dispute is a dry land in Survey Nos.251-14 and 261 measuring Ac.2.03 cents and Ac.0.67 cents respectively at Vaddipa village, Rolugunta Mandal, Visakhapatnam District.

4. The respondent filed a petition purportedly under Section 40 of Indian Stamp Act to send photo copy of agreement for sale dated 07.04.2005 to Sub-Collector, Narsipatnam for impounding to collect stamp duty and penalty thereon setting out that he laid a suit basing on it and the above document is liable for stamp duty. He further stated that he intended this document to be adduced in evidence on his behalf in the suit.

5. As seen from the material on record, no counter was filed on behalf of the petitioner in the trial Court and in