HARSHWARDHAN NAYAK Vs. YASHO WARDHAN NAYAK

JUDGEMENT

(1.) HEARD .

(2.) ORDER dated 30.09.2013 passed by First Civil Judge Class -II, Tikamgarh in Civil Suit No. 3 -A/2012 is being assailed vide this petition under Article 227 of the Constitution of India. Vide impugned order the trial Court allowed the objection raised by respondents No. 1 and 6 with regard to admissibility of 'Parivarik Vyavastha Patra' - Family settlement during examination -in -chief on the ground that it is not admissible since it is not registered under the Registration Act, 1908 (hereinafter referred to '1908 Act').

(3.) ASSAILING the order it is submitted by learned counsel for petitioner that the trial Court committed grave jurisdictional error as the claim put froth by the petitioner was in respect of his own share which was delineated by the instrument in question and though not registered could have been taken in evidence for collateral purpose to establish the right which accrued in his favour thereunder.