Impounding Only Arises at the Stage of Marking Documents as Exhibits: AP High Court Clarifies Law on Return of Unmarked Documents

In a significant ruling that clarifies the procedure regarding the return of unmarked documents in legal proceedings, the High Court of Andhra Pradesh at Amaravati has set aside the decision of the Senior Civil Judge, Tirupathi, which had refused the return of certain unregistered and insufficiently stamped documents post-trial.

The crux of the legal issue dealt with in Civil Revision Petition No. 26 of 2024 revolved around whether documents that were not admitted in evidence due to insufficient stamp duty and lack of registration should be impounded and stamped before they can be returned to the petitioner post-trial. The Court examined relevant sections of the Indian Stamp Act, 1899, particularly Sections 35 and 36, and precedents to address this issue.

The petitioner, N.S. Rama Devi, had filed for the return of certain documents post the dismissal of her suit for a permanent injunction. The trial court, relying on a circular by the High Court, denied the return of these documents citing their unregistered status and insufficient stamping. Aggrieved by this decision, the petitioner approached the High Court.

The High Court meticulously reviewed judgments that both supported and opposed the return of such documents. The court underscored judgments like K. Sivakanth Reddy and Ors vs. Ramanjaneyulu and Ors, where it was emphasized that the impounding of documents is pertinent only at the stage where documents are marked as exhibits during a trial.
Justice R. Raghunandan Rao highlighted that:

The duty to impound arises only when documents are tendered in evidence.

A document not admitted in evidence thus should not be impounded.

Impounding documents that have not been marked would lead to unnecessary hardship for the parties involved.

Decision: The court allowed the Civil Revision Petition, directing the trial court to return the unmarked documents to the petitioner. It overruled the trial court’s reliance on the circular that mandated the payment of deficient stamp duty and penalties before returning documents, stating that such requirements apply only to documents that are admitted and marked as evidence.

Date of Decision: May 10, 2024

N.S. Rama Devi vs. V Chitti Babu and Others