Madras High Court
A.Ramamoorthy vs G.Kumaresan on 9 October, 2020
Author: N.Seshasayee
Bench: N.Seshasayee
C.R.P.(NPD)(MD)No.986 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.SESHASAYEE
C.R.P.(PD)(MD)No.986 of 2019
and
C.M.P.(MD)No.5534 of 2019
1.A.Ramamoorthy
2.V.Deivendiran ...Revision Petitioners/Respondents
/Plaintiffs
vs.
1.G.Kumaresan
2.Jeyanthkumar ...Respondents/Petitioners
/Defendants
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, against the fair and final order dated 02.03.2019 made
in I.A.No.934 of 2018 in O.S.No.283 of 2013 on the file of the District
Munsif, Uthamapalayam.
For Petitioners : Mr.P.Santhoshkumar
For Respondents : Mr.K.Guhan
ORDER
The plaintiff has laid a suit for bare injunction and for which, he wanted to rely on certain unstamped and unregistered document, dated 06.07.2013. 1/6 http://www.judis.nic.in C.R.P.(NPD)(MD)No.986 of 2019 This document came to be marked as Ex.A1. After the completion of the plaintiff's evidence, the defendant has filed I.A.No.934 of 2018 for eschewing / rejecting Ex.A1/document. This was allowed by the trial Court on two grounds:
1)that both the unregistered and unstamped document cannot be admitted in evidence;
2) that there is variants between Ex.A1 and Ex.A10.
2. The learned counsel for the revision petitioner submitted that where the documents are unstamped as per the ratio of the Hon'ble Supreme Court in Javer Chand and others vs. Pukharj Surana, [AIR 1961 SC 1655] and in Avinash Kumar Chauhan Vs.Vijay Krishna Mishra [(2009) 3 MLJ 409 SC], the Court has the duty to impound the document under Section 33 of the Indian Stamp Act, collect the stamp penalty and may consider the document for collateral purposes, since an unregistered document can be relied on for collateral purposes. As to the two above reasonings of the trial Court, the learned counsel submitted that when the evidence in a case is not completed, it might have been appropriate if the learned trial Judge had avoided in appreciating the evidence at this stage, since no evidence could 2/6 http://www.judis.nic.in C.R.P.(NPD)(MD)No.986 of 2019 be dealt with in isolation from the other, more so in the matter, where the recording of the evidence is not entirely completed.
3.The learned counsel for the respondent submitted that along with the lines of reasonings, the trial Court has relied on Ex.A1.
4. Heard the learned counsel for the petitioners and the learned counsel for the respondents.
5.On a careful consideration of the rival submissions, this Court considers that the trial Court ought to have gone slow in allowing I.A.No.934 of 2018. The ideal course that was available to the trial Court is to impound Ex.A1 as per the ratio of the Hon'ble Supreme Court in AIR 1961 SC 1655 and AIR (2009) 3 MLJ 409 SC and impose stamp penalty on that. Secondly, the trial Court ought to have refrained from making any observation or statement as to the evidentiary value of certain document during middle of the trial. Thirdly, if the stamp penalty leviable on Ex.A10 is collected, then the document can be used for collateral purposes, even if it is not registered. 3/6 http://www.judis.nic.in C.R.P.(NPD)(MD)No.986 of 2019
6. Necessarily, this Court has to set aside the order of the trial Court made in I.A.No.934 of 2018 and direct the trial Court to impound Ex.A1, collect stamp penalty payable on the document and thereafter, consider if it could be admitted in evidence for collateral purposes and in all circumstances, the trial Court will not be guided by its earlier reasonings, assigning certain evidentiary value to Ex.A1 and shall make an independent assessment during final disposal of the suit. The trial Court may also endeavour to dispose of the case within a period of four (4) months from the date of receipt of a copy of this order.
7. In fine, this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
09.10.2020
Index : Yes/No
Internet : Yes/No
ta/msa
Note: Issue order copy on 16.10.2020.
4/6
http://www.judis.nic.in
C.R.P.(NPD)(MD)No.986 of 2019
To
1.The District Munsif,
Uthamapalayam.
2.The Section Officer
V.R.Section, Madurai Bench of Madras High Court, Madurai 5/6 http://www.judis.nic.in C.R.P.(NPD)(MD)No.986 of 2019 N.SESHASAYEE,J.
ta/msa C.R.P.(PD)(MD)No.986 of 2019 09.10.2020 6/6 http://www.judis.nic.in