PRAMOD KUMAR JAIN Vs. MAHAVEER PRASAD JAIN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution, challenges the order dated 27.02.2013 passed by Additional District Judge, Karera district Shivpuri in Civil Suit No. 3A/2011.

(2.) THE petitioner/plaintiff filed a suit for declaration and permanent injunction. In the said suit, the plaintiff wanted to exhibit memorandum of partition dated 15.11.2006. The defendants took objection that this memorandum is not registered under the Registration Act, 1908 and, therefore, cannot be taken into evidence. The court below decided the said objection by the impugned order dated 27.02.2013 by holding that the memorandum of partition is not only a list of property but it is a document, which is to be intended in evidence of plaintiff. The document requires registration and stamp duty. Thus, objection of defendants was allowed and direction was given under Section 35 of the Stamp Act to send the memorandum to Stamp Collector, Shivpuri for proper registration and for assessing the stamp duty of it.

(3.) PER Contra, Shri O.P. Shrivastava, learned counsel for the respondents No. 3 to 5, supported the order passed by the court below and relied on : AIR 2004 SC 4130 [K.G. Shivalingappa and others Vs. G.S. Eswarappa and others].