Madras High Court
Anandhan vs Ramalingam on 28 September, 2020
Author: R.Subramanian
Bench: R.Subramanian
CRP (PD) No.3976 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CRP (PD) No.3976 of 2018
1. Anandhan
2. Suresh ... Petitioners
Vs
Ramalingam ... Respondent
Prayer: The Civil Revision petition filed under Article 227 of the
Constitution of India, against the impugned order allowing of petition under
Order VII Rule 14 (3) of the Code of Civil Procedure filed in IA No.137 of
2018 in O.S No.374 of 2017 by the Court of the learned Additional District
Munsif, Villupuram.
For Petitioners : Mr.A.Prakash for
Mr.M.Manikandhan
For Respondent : Mr.Vijay Anand
for Mr.M.Rajendiran
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CRP (PD) No.3976 of 2018
ORD ER
This Civil Revision petition is against an order allowing an
application filed under Order VII Rule 14 (3) of the Code of Civil Procedure
receiving a document dated 02.07.1984 in the suit.
2. The suit in O.S.No.374 of 2017 is one for declaration of a right
of way and for a consequential injunction. Pending suit, the plaintiff came
up with an application for receipt of the document, after filing of the written
statement. By the impugned order, the trial Court allowed the application.
The document that is sought to be filed reads as an Exchange Deed between
one Varadharaja Gounder son of Adhimula Gounder and Ranganatha
Gounder son of Govindaraja Gounder.
3. According to the learned counsel appearing for the respondent,
the document refers to the existence of the suit pathway and the ancestor of
the defendant has signed as a witness in the document, therefore, the
document is relevant. The document is written on Rs.2.50/- non judicial
Stamp paper. It reads as an Exchange Deed. An Exchange Deed is a
document which is required to be Stamped and registered in accordance
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CRP (PD) No.3976 of 2018
with law. The trial Court has overlooked the said requirement. Therefore,
the Civil Revision petition is disposed of with the direction to the trial Court
to impound the instrument, send it to the Collector for valuation in terms of
Section 33 of the Stamp Act and receive the document subject to proof and
relevancy on payment of the Stamp duty and penalty as levied by the
Collector under the provisions of the Section 40 of the Stamp Act. No
costs.
28.09.2020
vum
Index: Yes/No
Speaking order / Non speaking order
To
The Additional District Munsif, Villupuram.
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CRP (PD) No.3976 of 2018
R.SUBRAMANIAN, J.
vum CRP (PD) No.3976 of 2018 28.09.2020 4/4 http://www.judis.nic.in