BHAGWAT PARSHAD VERMA Vs. MUKAT LAL

JUDGEMENT

(1.) This revision petition is directed against the order of the learned Sub Judge 1st Class (3), Shimla, dated March 17, 1986, whereby the document marked 'X' has been held to be inadmissible in evidence.

(2.) A few facts relevant to decide this revision petition may be stated. The petitioner/plaintiff (hereinafter to be referred to as the plaintiff) filed a suit against respondents/defendants hereinafter to be referred to as the defendants) and during the course of the examination of the plaintiff as a witness he produced the document marked 'X' claiming it as a memorandum of partition. The defendants, however, challenged the admissibility of this document and filed an application under Ss.17(1)(b) and 49 of the Registration Act read with O.13, Rr.3 and 6 and Ss.94 and 151, C.P.C., as also under S.35 of the Stamp Act, alleging that the said document was not admissible in evidence. It was contended that the said document was in fact an instrument of partition and could not be admitted in evidence. The trial court after examining the contents of the document, came to the conclusion that the same was an instrument of partition and could not be admitted in evidence in view of the aforesaid provisions of law.

(3.) In the revision petition, the substantial contention that has been raised by the learned counsel for the plaintiff is that the document is a memorandum of partition and did not require to be stamped or registered. The trial court as mentioned above, after examining the contents of the document marked 'X', has come to the conclusion that the said document is an instrument of partition and since it was not stamped and registered as required under the law, the same could not be admitted in evidence. The contents of the said document have been also read before me by the learned counsel for the plaintiff. I have perused the document as well, and am of the view that the same is the instrument of partition and not a memorandum of partition as contended by the learned counsel for the plaintiff.