1. The petitioners before this Court have filed this present petition being aggrieved by the order dated 14.9.2017 passed by the Learned Civil Judge, Class-I, Sardarpur, District-Dhar in Civil Suit No. 148-A/2014.

2. The petitioners before this Court, who are the plaintiffs, have filed a suit against the defendants seeking declaration of title and partition in respect of the agricultural land situated at village-Rajod, Tahsil-Sardarpur. The suit was based upon an unregistered document relating to partition. The learned Judge has passed the order, which is Annexure-P-1, holding that the document is not admissible in evidence even for collateral purposes.

3. Learned counsel for the petitioner has drawn the attention of this Court towards the judgment delivered by the Hon’ble apex Court in the case of Yellapu Uma Maheswari amd another v. Buddha Jagadheeswara Rao and others [(2015)16 SCC 787] and heavy reliance has been placed upon paragraphs-15 and 16, the same reads as under :

“15. It is well settled that the nomenclature given to the document is not decisive factor but the nature and substance of the transaction has to be determined with reference to the terms of thef documents a