1. - This writ petition is directed against the order dated 17.7.2013 passed by the trial court, whereby on an application filed by the defendants under Section 17 of the Registration Act, on the ground that the document dated 28.2.1980 was unregistered and unstamped, the trial court came to the conclusion that the registration of the document Annex.-3 was not necessary. However, it went on to observe that as the document does not bear signatures of other two brothers, the same cannot be taken in evidence, however, the same can be utilised for the collateral purpose and allowed the application filed by the defendants.

2. It is submitted by learned counsel for the petitioners that the document Annex.-3 is a memorandum of partition, which is not required to bear any stamp and the trial court having came to the conclusion that the document did not require registration and could be admitted for collateral purpose under Section 49 of the Registration Act could not have directed that the document could not be admitted in evidence; so far as the stamp duty on the document is concerned, the plaintiffs have already offered that the stamp duty if applicable, could be paid by the plai