GODABA MADHU Vs. RAI ANANDAM

JUDGEMENT

(1.) The seminal question that hinges for consideration is as to whether an unregistered partition deed is admissible in evidence for collateral purpose ?

(2.) The opposite party as plaintiff instituted C.S.No.44 of 2013 in the Court of the learned Civil Judge (Senior Division), Parlakhemundi, Gajapati for declaration of right, title, interest over the suit property, permanent injunction and recovery of possession impleading the petitioner as defendant. Pursuant to issuance of summons, the defendant entered contest and filed written statement denying the assertions made in the plaint. In course of hearing, the defendant filed an application and sought to mark an unregistered partition deed as exhibit. The same was objected to by the plaintiff. The learned trial court came to hold that the document is required compulsorily registrable under Section 17 of the Registration Act and as such the same is not acceptable in evidence.

(3.) Heard Mr. Sahoo, learned Advocate for the petitioner and Mr. Das, learned Advocate for the opposite party.