SAJJAN SINGH Vs. DEVI SINGH

JUDGEMENT

(1.) This writ petition is directed against order dated 23.5.2009 passed by the District Judge, Chittorgarh in Civil Suit No. 29/09, whereby the document alleged to be a partition deed has been held to be inadmissible in evidence for want of registration so also for insufficiency of stamp.

(2.) A suit for recovery of Rs. 83,300/- filed by the Respondent/Plaintiff is being contested by the Petitioner/Defendant by filing a written statement thereto. On the basis of the pleading of the parties, the trial Court has framed the issues. During the cross examination of the Respondent/Plaintiff, a document i.e. a partition deed sought to be exhibited in evidence was objected to on behalf of the Petitioner/Defendant. The trial Court after due consideration arrived at the conclusion that the document sought to be exhibited in evidence is a partition deed and, therefore, the same is not admissible in evidence for want of registration so also for insufficiency of stamp.

(3.) It is contended by the learned Counsel that the document sought to be exhibited in evidence cannot be considered to be a partition deed and, therefore, the Court below has erred in holding that the same is not admissible in evidence inasmuch as, it is not duly registered and not properly stamped. In the alternative, it is submitted by learned Counsel that even if the document is held to be a partition deed, it is admissible in evidence for collateral purposes. In support of his contention, learned Counsel has relied upon a decision of this Court in the matter of Inder Lal v. Abdul Salam, 1983 AIR(Raj) 57, and a Bench decision of Orissa High Court in Purnabashi Mishra v. Raj Kutnari Mishra, 1995 AIR(Ori) 284.