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2007 Supreme(Mad) 2070

S.ASHOK KUMAR
Ranganatha Giramani – Appellant
Versus
Visalatchi and others – Respondent


Advocates:
Mr. Bharatha Chakravarthy for M/s. Sai Bharath Ilan, Advocate for Petitioner. Mrs. C.R. Rukmani, Advocate for 3rd Respondent.

Judgment :-

1. This Civil Revision Petition is filed against the fair and decretal order dated 12. 2006 made in I.A. No. 276 of 2006 in O.S. No. 42 of 2001 by the learned District Munsif Court, Thirukalukundram dismissing the I.A., filed by the plaintiff under Order 13, Rule 3, C.P.C. for rejection of unregistered Partition Deed dated 23. 1974 filed by the defendant No.3 on the ground that the said document is inadmissible in evidence.

2. The Suit has been filed by the revision petitioner/plaintiff for declaration, partition and also for incidental reliefs as against the respondents/defendants. During trial, the third defendant had filed a document, namely attested photo copy of partition deed dated 23. 1974 as evidence though which he is claiming right and title over the one forth share of Suit A and B schedule mentioned properties. According to the plaintiff, the alleged partition deed dated 23. 1974 is an unstamped written paper, not a registered document as required under Section 17 of the Registration Act and it is inadmissible under Section 49 of the Registration Act. Therefore the said document cannot be received in evidence. In fact the said document is a forged document
































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