( 1 ) SRI Satyadeo Lal, who is arrayed as respondent No. 3 in the writ petition filed, Suit No. 32 of 1985 in the court of the Civil Judge, Basti for partition of the disputed house and sehan inter alia on the ground that the plaintiff and the defendant are the real brothers, they have inherited the disputed property after the death of their father and purchased the land jointly shown by letters Vernacular matter Since there is a dispute between the two brothers regarding their shares, it has become necessary to get the property divided by metes and bounds. The suit was contested by Mangal Prasad, who filed a written statement and, inter alia, contended that the property has already been partitioned by metes and bounds in the year 1978 and a memo of partition has also been executed between the parties on 27-3-78. This alleged memo of partition embodying the factum of partition was filed on behalf of defendant Mangal Prasad in the suit. The plaintiff filed an application on 5-3-1986 saying that the said document which is alleged to be memo of partition is actually a deed of partition which is unregistered as well as insufficiently stamped, hence the document is lia