MAHENDRA SINGH Vs. DHIRENDER SINGH

JUDGEMENT

(1.) THIS writ petition under Article 226 and 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 20.03.2014 passed by the trial court, whereby, the application filed by defendant No. 2 under Order XIII, Rule 3 read with Section 151 CPC, Section 17 of the Registration Act, 1908 ('Registration Act') and the Rajasthan Stamp Act, 1998 ('Stamp Act') has been allowed and the document, which has been termed as Sahamati Patra has been rejected as inadmissible in evidence.

(2.) THE petitioner -plaintiff filed a suit for cancellation of sale deed and permanent injunction against transferor his brother Dhirendra Singh and transferee Gopal; in the affidavit in evidence filed by the plaintiff, a document titled Sahamati Patra was marked as Exhibit -1.

(3.) A reply was filed by the plaintiff alleging that the application has been filed for prolonging the litigation; the document was not a deed of partition but was family arrangement; the parties had took possession of their respective shares as per agreement even before execution of the document, whereafter their father, as a memorandum of oral agreement, executed the same as family arrangement, registration whereof was not necessary; the nature of the document cannot be determined at this stage and the same could only be determined after the evidence was over.