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HIGH COURT OF JUDICATURE FOR RAJASTHAN
NUPUR BHATI
Mohammad Salim S/o Jamaluddin – Appellant
Versus
Abdul Kayyum S/o Jamaluddin – Respondent
ORDER :
Nupur Bhati, J.
1. The instant writ petition has been filed by the petitioners/defendants under Articles 226/227 of the Constitution of India challenging the order dated 29.01.2025 (Annex-6) passed by the learned Additional District & Sessions Judge, Makrana District Nagaur (‘Trial Court’) in Civil Original No.120/12 CIS No.111/19, whereby application filed by the petitioners under Order VIII Rule 1A (3) read with Section 151 of ‘CPC’, was partly allowed. The petitioners have filed this writ petition with the following prayers:-
“It is, therefore, most respectfully prayed that this writ petition may kindly be allowed, and the impugned order dated 29.01.2025 (Annex-6) may kindly order to be quashed and set aside qua the extent of reject of application to take on record the family partition deed and further direction may kindly be issued to take on record the said partition deed for collateral purposes.
Any other appropriate writ order or direction, which this Hon’ble Court deems fir and proper may kindly be passed in the favour of the petitioner.”
2. Succinctly stated facts of this petition are that the private respondent/plaintiff filed a suit for Perpetual/Permanent Injunction
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
Suit for Perpetual/Permanent Injunction – Partition deed can be relied upon to the extent of collateral purpose, subject to payment of stamp duty, penalty, and proof of relevancy.
An unregistered deed of partition excluding necessary parties cannot be admitted in evidence, even if stamp duties are paid, as it contradicts statutory requirements and coparcenership rights.
Unregistered documents, mandatorily registrable, cannot be admitted in evidence, even for collateral purposes, if they affect rights in immovable property, reinforcing the necessity of adherence to r....
A memorandum of partition acknowledging pre-existing rights does not require registration, distinguishing it from a deed of partition that creates new rights.
Family arrangements creating present rights must be registered under the Registration Act, while those reflecting past oral arrangements do not require registration for admissibility as evidence.
The registration of a partition deed is not mandatory under the Maharashtra Stamp Act, and insufficiently stamped documents can be admitted in evidence upon payment of stamp duty.
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