(1.) O. S. A. No. 237 of 2000 has been filed by the plaintiff in the suit C.S.No. 545 of 1985 against the order passed by a learned single Judge, holding that the unregistered document dated 29-12-1974 styled as 'Memorandum of partial partition can be admitted in evidence and looked into for collateral purposes. O.S.No. 274 of 2000 has been filed by the 2nd defendant in the suit against the same order of the learned single Judge, claiming that the document in question is a mere record of family arrangement and the same does not require registration and is admissible in evidence and can be looked into for all purposes.
(2.) For the purpose of convenience, we adopt the cause title as given in O.S.A. No. 237 of 2000. The appellant as plaintiff, originally instituted the suit as plaintiff as against the father by name Chakrapani Reddiar, since dead, as 1st defendant and his brother by name Kulasekaran as 2nd defendant. Pending suit, the 1st defendant died and the defendants 2 to 7 were recorded as legal representatives of the 1st defendant as per the Order dated 18-3-1987 in Application No. 4137 of 1986.
(3.) The appellant/plaintiff filed the said suit praying the Court as the first relief to pass a decree declaring that the Memorandum dated 29-12-1974 as void, illegal and unenforceable. However, pending suit, the appellant on 9-1-2000, filed a memo to the effect that he is not pressing the above said first relief as he felt the same as unnecessary.