ARUN KUMAR SINGH Vs. HARI SINGH

JUDGEMENT

(1.) THE defendant in a suit for partition (CO No. 41/1984) has preferred this first appeal under Section 96 of the Code of Civil Procedure ('cpc'} seeking to challenge the order dated 7-7-2008 as passed by the learned District Judge, Bikaner disallowing his application dated 2-7-2007 whereby objections were raised against engrossment of the decree dated 19-4-1984 as passed in the suit on stamp papers. By the order impugned, the learned Trial Court, while overruling all the objections raised by the defendant-appellant has held that the decree in question was a final decree for partition and, thus, was to be engrossed on non-judicial stamp papers.

(2.) IN this appeal, the office made a report on limitation and other aspects relating to the form of the papers filed by the appellant and pointed out certain defects that were removed on 7-8-2008 and then, the matter was placed before the Registrar (Administration) on 11-8-2008. The respondent nos. 3 and 4 having appeared in cavast, the Registrar (Administration) directed that the matter be placed before the Court.

(3.) ON 14-8-2008, while considering the matter for motion-admission, this Court expressed prima facie doubts on the competence of this first appeal under Section 96, CPC looking to the nature and purport of the impugned order dated 7-7-2008 and thereafter, on 19-8-2008. learned counsel for the parties were heard at length on the question of competence of this appeal.