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1977 Supreme(HP) 13

R.S.PATHAK
NAND KISHORE – Appellant
Versus
KISHAN CHAND – Respondent


Advocates Appeared:
Kailash Chand, for Petitioner Yoginder Pal, for Respondents.

ORDER

1. This defendants revision petition is directed against an order of the trial court admitting a document on the record.

2. At the outset, learned counsel for the respondents has raised the objection that the order of the trial Court does not constitute a case decided. I am entirely in agreement. The trial Court has merely held that the document, according to the construction placed on it, is not a deed of partition and therefore does not require registration under S. 17 of the Indian Registration Act. In coming to this finding, it has disposed of only one issue. A perusal of the issues, of which there are as many as ten, indicates that the document has been challenged on several other grounds, each one of which, if successful, is sufficient to destroy it as a basis of the suit. The entire argument of learned counsel for the petitioner be­fore me is that the document is central to the decision of the suit and that by the impugned order the principal defence set up by the petitioner has been defeated. To my mind, the finding of the trial court incorporated in the impugn­ed order does not preclude the trial court from deciding the issues incorpo­rating the other challenges direct

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