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Saturday, May 2, 2015

Objection as to admissibility of a unregistered relinquishment deed in a suit for declaration of title and injunction - Trial marked the document and directed to send the same to District Collector for Stamp duty - Their Lordships of High court held that marking the document and sending the same for stamp duty is not incorrect as upheld by Apex court that subject to such objections to be decided on the last stage in the final Judgment, a document can be received and marked - -2015 Karnataka (2013)msklawreports

Respondents 1 & 2 filed a suit for declaration of title and injunction. During the pendency of the suit the respondents sought to file an unregistered partition deed which was insufficiently stamped. 
The petitioner- defendant No.1 objected for the same. The trial Court by the impugned order permitted the plaintiff to mark the unregistered relinquishment deed and directed the office to send the document to the District Collector, Chamarajanagar, to assess the deficit stamp duty. Aggrieved by the same, the present petition is filed.

As upheld by Apex court
whenever an objection is raised regarding the admission of any document the trial Court l shall take note of such objection and mark the objected document tentatively as an exhibit in the case and subject to such objections to be decided on the last stage in the final Judgment. If the Court finds that the final stage of the objections so raised is sustainable, the court can keep such evidence excluded from consideration."
Under these circumstances, it would be just and proper to follow the order passed by the Supreme Court. Therefore the order permitting the plaintiff to mark the unregistered relinquishment deed is sustained. However, the objections raised by the petitioner, would necessarily have to be decided by the trial Court at the final conclusion of the suit in terms of the Judgment of the Hon'ble Supreme Court referred to hereinabove. So far as the objections regarding deficit stamp duty is concerned, that portion of the order referring the document to the District Collector is sustained.-2015 Karnataka (2013)msklawreports

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