This order dismisses a civil revision petition challenging the Junior Civil Judge's dismissal of a plaintiff's memo objecting to unregistered documents admitted by defendants to prove possession in a title suit.
No costs.
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THE HONOURABLE SRI JUSTICE N.V. RAMANA
Civil Revision Petition No.140 of 2011
ORDER:
This civil revision petition, under Article 227 of the Constitution of India, is directed against the order dated 01.12.2010 passed by the Junior Civil Judge, Ibrahimpatnam, dismissing the memo filed by the plaintiff, in Memo SR. No. 2414 of 2008, raising objections to the marking of the documents filed by the defendants as exhibits in O.S. No. 1 of 2005.
Petitioner herein filed the present suit O.S. No. 1 of 2005 for declaration of title and recovery of possession against the respondents herein. After the evidence on plaintiff’s side was closed, the 2nd defendant filed affidavit in lieu of his examination-in-chief and also filed certain documents in support of his evidence. Thereupon the petitioner-plaintiff filed the present memo, objecting to the marking of those documents in evidence, on the ground that some of those documents are unregistered and unstamped sale deeds and the others are certificate and receipts issued by Sarpanch, who is not competent to issue the same, and hence they are inadmissible in evidence. Respondents-defendants filed reply memo, resisting the memo filed by the petitioner-plaintiff. The Court below, having considered the respective stands of the parties, held that the objection taken by the plaintiff is not sustainable and accordingly dismissed the memo of the plaintiff. Aggrieved thereby, the present civil revision petition is filed.
Heard the learned counsel and perused the order under revision and other material made available on record.
A perusal of the order under revision would make it clear that the Court below referred to various decisions of the apex Court on the issue of admissibility of unregistered documents in evidence and, based on the principles enunciated therein, negatived the contention of the petitioner-plaintiff, that they are not admissible in evidence, and particularly when it is the case of the respondents that they are only seeking to mark them for proving their possession over the suit schedule property and not claiming any relief, based on the said documents. That being so, I see no reason whatsoever to interfere with the order under revision. If according to the petitioner-plaintiff, the documents filed by the respondents-defendants cannot be given any evidential value, he can take such pleas as are available to him under law, at the time of hearing of the suit.
The civil revision petition is devoid of merits and is accordingly dismissed. No costs.
__________________ JUSTICE N.V. RAMANA 3rd February, 2011 IBL
1 issue framed by the court
Whether a civil revision court can interfere with the lower court's dismissal of the plaintiff's memo objecting to unregistered documents admitted as evidence for proving possession.
Petitioner-Plaintiff
Respondents-Defendants
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
