MAHAVEER Vs. MALCHAND

JUDGEMENT

(1.) By way of the present writ petition, the petitioner has laid challenge to an order dated 18.08.2015 passed by learned Senior Civil Judge and Additional Chief Judicial Magistrate, Dungargarh, District Bikaner, whereby petitioner's objection regarding admissibility of the document namely memorandum of settlement had been turned down by the learned Trial Court.

(2.) Shorn of unnecessary details, the facts apropos deciding the issue involved in the present case are that the plaintiff-respondent-Malchand filed a suit for eviction, after giving a notice under Section 106 of the Transfer of Property Act, 1882. With a view to assert the ownership of the subject property, he relied upon a memorandum of partition dated 29.06.2010.

(3.) During the course of evidence, no sooner did the plaintiff proceed to mark exhibit on the said memorandum dated 29.06.2010 then the defendant raised an objection about the admissibility of the document in question, as the same was neither appropriately stamped nor registered. The petitioner's such objection came to be decided by the learned Trial Court, vide its order dated 18.08.2015 which reads as under:-