TRILOKI KUMAR Vs. RAVINDRA KUMAR AND ORS.

JUDGEMENT

(1.) The petitioner has preferred this writ petition for the following reliefs:-

(2.) The respondents no.1 and 2 filed a civil suit for partition of a property of late Shri Jamna Lal Joshi situated at Bhupal Ganj (Bhilwara) in the year 1998. During the proceedings, the petitioner preferred an application under Order 26, Rule 10-A with Section 45 of the Evidence Act regarding denial made by the respondent-plaintiff that he has signed Exhibit-A/1 i.e. family arrangement and, therefore, Expert Report should be summoned from Forensic Science Laboratory. Another application was also been filed by the petitioner under Order 8, Rule 1A to permit him to produce the documents upon which the relief is being claimed or relied upon. Counsel for the petitioner Mr. Manoj Bhandari has argued that the agreement in-question was a family arrangement, thus, there was no requirement of any registration or payment of stamp-duty and, therefore, the court should have allowed both the applications as by first application the respondent was required to substantiate his signature by Expert Report and the second application require the documents to be taken on record to prove that the document in-question i.e. Exhibit-A/1 was a family arrangement. Counsel for the petitioner has drawn attention of Court to the precedent law laid down by Hon'ble Supreme Court in Tek Bahadur Bhujil v. Debi Singh Bhujil and Ors., reported in AIR 1966 SC 292 , relevant para whereof reads as follows :

(3.) Learned counsel for the respondent Mr. Arpit Bhoot has shown written statement, which is Annex.2 and has read from the written statement that the document in-question was not a family arrangement but was in fact an agreement between parties and, thus, the order of registration and payment of stamp-duty was justified. Counsel for the respondent has further shown to this Court Exh.A/1, which is Annex.4 that the document in-question and on the face of it does not reflect that it was an oral agreement as it is not recorded anywhere in writing that it is a written memorandum for memory only.