SITA RAM BHAMA S/O LATE SHRI DEVI DUTT VERMA (BHAMA) Vs. RAMVATAR BHAMA S/O LATE SHRI DEVI DUTT VERMA (BHAMA)

JUDGEMENT

(1.) The petitioner has preferred this writ petition aggrieved by the order dated 03.03.2015 passed by learned Additional District Judge, Ratangarh (Churu) in Civil Suit No.04/2011 vide which application filed by the non-petitioner/defendant was allowed and the so-called family settlement was not taken on record in evidence.

(2.) It is contended by counsel for the petitioner that the petitioner earlier filed a suit for partition but the same was rejected by the court under Order 7 Rule 11 CPC on the ground that partition has already taken place and no cause of action is available to the plaintiff-petitioner. It is contended that after dismissal of the suit, since the same was dismissed on the ground that partition has taken place, plaintiff-petitioner filed the present suit for possession wherein the court has refused to take in evidence, the family settlement on the ground that the same is unstamped and unregistered document. It is contended that a family settlement which is reduced in writing does not require any registration and the same is required to be taken on record.

(3.) Counsel for the petitioner has placed reliance on:-