Rejection of Plaint -- Admissibility of Unregistered Document -- Admissibility of a document relied upon by plaintiff cannot be adjudicated while considering rejection of plaint
(i) Civil Procedure Code, 1908, O.7 R.11 -- Rejection of Plaint -- Admissibility of Unregistered Document -- Admissibility of a document filed along with the plaint cannot form the basis for rejecting the plaint under Order VII Rule 11(a) or (d). Admissibility is a matter for trial and can be raised only when evidence is led. At the stage of rejection of plaint, only the averments in the plaint and documents filed with it are to be examined to determine whether a cause of action is disclosed; the defendant's stand is immaterial. (ii) Registration Act, 1908, S.49 -- Unregistered Document -- Collateral Transaction -- Non-registration of a document required to be registered ordinarily bars it from affecting the immovable property or being received as evidence of the transaction. The proviso to Section 49 permits such a document to be received as evidence of a collateral transaction not itself required to be registered. Whether a party can avail this proviso is a matter to be decided at trial, after evidence is led, and not while rejecting the plaint.
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