RATAN LAL Vs. GOVIND LAL

JUDGEMENT

(1.) The present appeal arises from order dated 19.11.2015 dismissing S.B. Civil Writ Petition No.13303/2015 declining to interfere with order dated 29.6.2015 in exercise of supervisory jurisdiction under Article 227 of the Constitution.

(2.) The Sub Divisional Officer by order dated 11.6.2012 allowed the Appellants-defendants in the suit to bring on record the revenue receipts but declined to accept the document of family settlement opining it to be a partition deed. The Board of Revenue on 29.6.2015 opined that the document was available since earlier with the Appellants and they ought to have produced it at an earlier stage and not after one year of filing of the written statement. It has also noticed that the evidence of the Respondents-Plaintiffs was over but at the time the document was sought to be filed the evidence of the Appellants-defendants had not started.

(3.) Whether the document was an oral statement reduced into writing or was a partition deed is a mixed question of law and fact. If the impugned orders are sustained, it gives finality to the question that the document was a partition deed and not a family settlement without an opportunity to lead evidence on the same. It is capable of serious prejudice to the Appellant.