N. PRUSTY, J.

( 1 ) EVEN though the matter is listed for order, on consent of Learned Counsel for both the parties, the same is taken up for final disposal at the stage of orders.

( 2 ) THIS writ petition has been filed by the defendant challenging the order dated 3. 5. 2004 passed by the Learned Judge (Senior Division), Sambalpur in Title Suit No. 73 of 2001 whereby an unregistered partition deed tendered by the plaintiff was admitted in to evidence only to the extent to show severance of joint status of the joint family and not to prove the partition by metes and bounds amongst the members of the joint family.

( 3 ) HEARD Mr. Kanungo, Learned Counsel for the petitioner and Mr. Pujari, Learned Counsel for the opposite parties.

( 4 ) MR. Kanungo, Learned Counsel for the defendant/petitioner submits that it is well settled that an unregistered partition deed is inadmissible in evidence to show that there is partition between the members of the joint family by metes and bounds and in case such an objection is raised by the defendant, it has to be raised at the time when the document is tendered for admission and the Court has to judicially determine the matter. In Support of his