PRAYER

To set aside the order and decreetal order passed by the Learned XXIV Asst.City Civil Court, Chennai in IA.No.6 of 2026 in OS.No.88 of 2022 dated 03-03-2026 and allow the CRP.

ORDER

This Civil Revision Petition has been filed seeking to set aside the order and decreetal order passed by the Learned XXIV Asst.City Civil Court, Chennai in IA.No.6 of 2026 in OS.No.88 of 2022.

2. The petitioner herein filed under order XIII rule 4 of the civil procedure code seeking to allow the petitioner/1st defendant to mark the family arrangement deed/partition dated 30.08.2010 as evidence. Upon hearing both sides, the Trial court dismissed the application by stating that unregistered and unstamped document cannot be admitted as evidence in view of embargo in Section 17 of Indian Registration Act, and Section 35 of the Indian Stamp Act. Aggrieved over the same, the petitioner filed this Civil Revision Petition.

3. The learned counsel for the petitioner submits that though it is an unregistered document it can be used for collateral purpose. Further registration is not compulsory with regard to the unregistered family arrangement deed but without considering the above the Trial Court dismissed the application. Hence, he prays to allow this petitioner

4. Heard the learned counsel for the petitioner.

5. On a perusal of the records, it is seen that the petitioner had filed the application seeking to mark the family arrangement deed/partition deed dated 30.08.2010 as evidence, in order to establish that a family arrangement had already taken place among the family members and that they had been enjoying the property accordingly. However, the Trial Court dismissed the application on the ground that the document was unregistered and therefore inadmissible in evidence. This Court is of the view that an unregistered document may be looked into for collateral purposes, particularly for the limited purpose of showing possession and enjoyment of the property subject proof. To that extent, the said document can be considered along with the other oral and documentary evidence available on record. Further, the validity, admissibility, and genuineness of the document are matters to be decided only after the completion of a full-fledged trial. Hence, the order passed by the Trial Court in I.A no. 6 of 2026 in OS No. 88 of 2022 is set aside. I.A No. 6 of 2026 is allowed.

6. In the result, this Civil Revision Petition is allowed. No Costs. Pending petition, if any, is closed.