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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Durga Sonar S/o Hazari Sonar @ Hazari Swarnakar – Appellant
Versus
Prahlad Kumar Burman – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard the learned counsel appearing on behalf of the petitioner as well as the Opposite party nos.1 to 5.
2. This petition has been filed for quashing of the order dated 04.12.2023 whereby the petition filed under Order VIII Rule 1A CPC in Original Suit No. 79 of 2017 has been rejected by the learned court.
3. Learned counsel for the petitioner submits that the documents are necessary for deciding the partition suit. He submits that the petitioner and defendants are own brothers and gift deed, photocopy of the affidavit and the deed of agreement has been sought to be brought on record and the learned court has been pleased to reject the same.
4. Mr. Shashank Shekhar, the learned counsel appearing on behalf of the Opposite parties nos. 1 to 5 submits that there is no whisper in the written statement of the defendant about the said gift deed and that gift deed is not registered and in view of that it is not admissible. He further submits that the affidavit is a notary public affidavit which is also not admissible. He submits that by way of only entering into an agreement, right, title and interest cannot be transferred to anybody. He submits that in
Procedural rules should facilitate justice; denying document submission in a partition suit can lead to injustice.
Due diligence must be established for producing additional evidence in appellate proceedings; the failure to show diligence results in application rejection.
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.
Section 77 of Evidence Act enables production of certified copies of public documents in proof of contents of such public document.
The court upheld the trial court's discretion to allow additional evidence, emphasizing that the absence of notice under Section 66 of the Evidence Act does not invalidate the introduction of seconda....
A memorandum of partition acknowledging pre-existing rights does not require registration, distinguishing it from a deed of partition that creates new rights.
Unregistered documents can be admissible for collateral purposes in partition suits, subject to payment of stamp duty and proof of relevance.
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