NANDA BEHERA Vs. AKHSAYA KUMAR BEHERA

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India challenge is made to the order dated 27.2.2015 passed by the learned Civil Judge (Jr. Divn.), Salipur in C.S. No.34 of 2010, whereby and where under learned trial court rejected the application of the defendant no.3 to exclude the unregistered partition deed, Ext.3, from the evidence.

(2.) Opposite party nos.1 to 4 as plaintiffs instituted the suit for correction of map and permanent injunction impleading the petitioner as well as opposite party nos.5 and 6 as defendants. In course of hearing, the unregistered partition deed dated 25.6.1965 has been marked as Ext.3 by the plaintiffs. Thereafter the defendant no.3-petitioner filed an application to exclude the same from the purview of consideration on the ground that Ext.3 is an unregistered and unstamped document. The same is also not admissible for collateral purpose. The plaintiffs filed objection. Learned trial court came to hold that the document in question has been marked as Ext.3. The admissibility and genuineness of the same can only be determined at the time of passing of the judgment. Held so, learned trial court rejected the same.

(3.) Mr. Mishra, learned counsel for the petitioner submitted that an unregistered partition deed is not admissible into evidence. The same cannot be used for collateral purpose. He relied on the decision of the apex Court in the case of Siromani v. Hemkumar and others, AIR 1968 SC 1299 and this Court in the case of Braja Sundar Nanda v. Pravabati Kar and others, AIR 2014 ORISSA 1.