MOHANLAL Vs. MANBHARI & ORS

JUDGEMENT

(1.) In the instant writ petition the petitioner has prayed for quashing order dated 27.1.2011 (Annex. 2) passed by the Addl. District Judge, Parbatsar (District Nagaur) and prayed that the application filed by the petitioner-defendant under Section 65 of the Evidence Act may be allowed and photostat copy of the agreement in question which is said to be unregistered and unstamped may be treated as secondary evidence.

(2.) Learned counsel for the petitioner submits that in the suit of partition filed by the respondents No. 1 and 2 (plaintiffs) an application was filed by the petitioner-defendant under Order 11 Rules 12 and 14 read with Section 151, C.P.C., with averments that a family settlement was reduced in writing on 25.12.2005 and the same is in power an possession of respondent No. 2, therefore, for complete adjudication of the present suit the same is required to be taken on record but it was not produced on record by respondent-plaintiff.

(3.) In the application, the petitioner also filed affidavits in Form 13 of the various persons who are relevant to the said document and neighbours of the petitioner and as such know the petitioner and his family. All these persons categorically stated in their affidavits that family settlement was executed in their presence by which land situated on the ground floor of the old have is was handed over to the petitioner and land situated in Khasra No. 592 was handed over to respondent No. 2 plaintiff and some of them also put their signatures upon the said document. Therefore, plaintiff-respondent No. 2 may be directed to produce that document before the Court.