ANSHUL GOYAL Vs. CIVIL JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the order dated 5th November, 2011, whereby the learned Civil Judge (Jr. Division), Dholpur, did not allow the plaintiff-petitioner to exhibit the family settlement.

(2.) HAVING heard the learned counsel for the petitioner and carefully perused the relevant material on record, it is noticed that the plaintiff-petitioner filed a suit for declaration and permanent injunction against the defendants-respondents. During the pendency of the suit, the plaintiff-petitioner sought permission to mark exhibit on the family settlement. The learned trial court placing reliance on the judgment rendered by Hon'ble Apex Court in the case of Avinash Kumar Chauhan Versus Vijay Krishan Mishra reported in AIR 2009 SC 1489, denied to mark exhibit on the alleged family settlement on the ground that the document in question was not a family settlement, but it was a partition deed and it could not have been admitted in evidence until and unless it was registered.

(3.) CONSEQUENT upon the dismissal of writ petition, the stay application, filed therewith, does not survive and the same also stands disposed of.