The High Court directed the Subordinate Judge to admit and number a suit for specific performance based on an unregistered sale agreement. The court held that non-registration only bars proof of the document's substantive contents during trial, not the filing of the suit.
Directed to take the plaint on file, number the same, and leave open the question to be tried.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Annamalai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.02.2015
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
C.R.P.(NPD)(MD)No.163 of 2015
..Petitioner/Plaintiff
Vs.
Raja Kannappan ..Respondent/Defendant
Prayer: Petition is filed under Article 227 of the Constitution of India to set aside the docket order dated 13.01.2015 made in unnumbered O.S.SR.No.186 of 2015, on the file of the Subordinate Court, Sivagangai and to direct the trial Court to take the suit on file and dispose of the same in accordance with law.
For Petitioner : Mr.S.Srinivasa Raghavan
ORDER
This Civil Revision Petition is directed against the return of the unnumbered O.S.SR.No.186 of 2015, on the file of the Subordinate Court, Sivagangai.
Sd/-
Assistant Registrar(T&P)
Sub Assistant Registrar
/True copy/
2
To
The Subordinate Judge, Sivagangai.
Copy to the Section Officer, Current Section, Madurai Bench of Madras High Court, Madurai (to return the palaint with acknowlegment)
+1cc to Mr.S.Srinivasa Raghvan, Advocate in SR.6568
C.R.P.(NPD)(MD)No.163 of 2015
11.02.2015
ssl pbk 18/02/2015 ::2p-4c:
2 issues framed by the court
Whether a suit for specific performance based on an unregistered sale agreement can be taken on file and number by the trial court despite the Registry's refusal to mark the unregistered document.
Whether non-registration of the sale agreement acts as a bar to proving the contents of the agreement during the trial.
1 provisions across 1 enactments
ANNAAMALAI
RAJA KANNAPPAN
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
