Registration Act | Inadmissibility Of Unregistered Documents Has To Be Raised When Marked In Evidence During Trial: Kerala High Court
Case: Ratheesh V V S Mary
Coram: Justice A. Badharudeen
Case No.: RSA NO. 838 Of 2020
Court Observation: When a question as to the admissibility of a document is raised on the ground that it has not been stamped or has not been properly stamped, it has to be decided then and there when the document would be tendered in evidence. Once the court rightly or wrongly decided to admit the document in evidence, so far as the parties are concerned, the matter is closed
Ext.A1 is a document which would require compulsory registration in tune with the mandate of Section 17 of the Registration Act. Therefore, Ext.A1, in fact, is inadmissible in evidence. In this matter, the document has been marked without any objection and objection regarding its admissibility has been raised before this Court at the second appellate stage.
Indubitably an unregistered document, required to be registered, if unregistered, the same is inadmissible in evidence. However, as provided under proviso to Section 49 of the Registration Act, the same can be used for collateral purposes. Once the court rightly or wrongly decided to admit the document in evidence, so far as the parties are concerned, the matter is closed. It has further held that once a document had been admitted in evidence, as aforesaid, it is not open either to the trial court itself or to the court of appeal or revision to go behind that order.
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