ORDER

1. The petitioner/plaintiff has filed the present petition being aggrieved by order dated 16.6.2014 whereby learned trial Court has rejected the application filed by him in respect of admissibility of partition deed dated 1.4.2004 into evidence for want of registration and proper stamp duty.

2. The plaintiff has filed the suit for declaration and perpetual injunction being aggrieved by mutation of the suit property in the name of defendants No. 1 and 2.

3. Defendants No. 1 to 3 filed joint written statement contending that the partition deed was executed on 1.4.2004 between Reshambai and her daughter Amritabai. During pendency of the plaint, plaintiff raised an objection by filing the application that the said deed is not admissible in evidence for want of registration and stamp duty. The application was opposed by the defendants placing reliance over the judgment of apex Court in the case of Jaberchand v. Pukhraj : AIR 1961 SC 1655.

4. By order dated 16.6.2014, learned trial Court has rejected the application on the ground that the deed dated 1.4.2004 is not a partition deed, but a memorandum of partition, therefore, it is not required for registration and proper stamp duty.