HARSHVARDHAN SINGH Vs. RANVEER SINGHN

JUDGEMENT

(1.) Put cauli flower in a wooden box and affix a slip of 'ROSES' over it. Colour of' cauli flower shall not turn into pink 'Cauli flower' shall remain 'cauli flower'. No matter you have kept it in a box of roses. Similarly if a document creates right in the property then unless it is registered, it cannot be taken into evidence. No matter it has been reduced into writing in the name and style of 'fami1y settlement'.

(2.) This interesting situation has arisen in this revision petition, which has been filed against the order dated 26-7-1996 passed by the Additional District Judge No. 4 Jaipur City whereby the alleged family settlement was taken on record and objections raised by the petitioner regarding admissibility of the documents were rejected.

(3.) In a suit for partition filed by the plaintiff-petitioner, a document allegedly stated to be a family settlement, copy of which was available in the file of Jagir Commissioner, was summoned by the trial Court. At the time of cross-examination of Dr. Hari Singh, defendant-non-petitioner No. 14, it was contended by the counsel for the other defendant-non-petitioners that Dr. Hari Singh produced the said copy of the family settlement before the Jagir Commissioner and as such he could exhibit the said document. Dr. Hari Singh. the defendant non-petitioner No. 14 and the plaintiff-petitioner objected to it and filed two separate applications stating therein that alleged family settlement being unstamped and unregistered could not have been admitted in evidence. It was also stated that alleged document was a copy of the original and unless application for seeking permission for adducing secondary evidence is filed it could not have been permitted to be exhibited.