HASU BAI Vs. LOTAN

JUDGEMENT

(1.) This petition has been filed by the petitioner/Plaintiff under Article 227 of the Constitution of India, against the order dtd. 17/2/2021, passed by the IIIrd Civil Judge Class-I, Khargone, West Nimard (M.P.) in Civil Suit No.11-A/2017 whereby, during the recording of the defendants' evidence the petitioner's/plaintiff's objection regarding admissibility of a document has been rejected, as the contention of the respondents/defendants has been accepted that it is a memorandum of partition and not a deed of partition which requires registration and stamp duty, as contended by the plaintiff.

(2.) In brief, the facts of the case are that a civil suit was filed by the petitioner/plaintiff for partition against the respondents/defendants, who are her brothers, nephews, and the subsequent purchasers of the property.

(3.) In the aforesaid suit, the case is at the stage of recording of evidence of the respondents/defendants, and on 17/2/2021, when the respondents'/defendants' witness was being examined, at that time, a document dtd. 29/4/1991 was sought to be exhibited by the defendants claiming the same to be a memorandum of partition amongst the brothers of the plaintiff. The plaintiff has taken exception to the aforesaid document, and it was submitted that it is not merely a memorandum of partition but, is a deed of partition which can be ascertained from its recitals only. However, learned Judge of the trial Court holding the same to be a memorandum of a partition has rejected the objection. Hence, this petition.