The petitioner-plaintiff is aggrieved by the impugned order dated

25.06.2019 (Annexure P/1), passed by the 1^st Additional District Judge,

Burhanpur, RCSA No.2201/2014, whereby, an application of the

petitioner-plaintiff under Order 7 Rule 14(3) of CPC to take the gift

deed on record has been rejected.

The facts of the case are that the petitioner-plaintiff has filed the

suit claiming the decree of permanent injunction, partition and

separation in relation to the suit property as mentioned in the plaint.

According to the petitioner, his grandfather, namely, Shyamlal was in

joint Hindu family alongwith defendants No.1 to 14. The grandfather

of the petitioner-plaintiff passed away on 02.08.1985 and his wife Tara

Devi passed away on 26.02.1986. Since, no partition had taken place

and various properties were purchased from the fund of the joint

family, therefore, the suit in question was instituted. The issues were

framed on 20.06.2018. The petitioner filed affidavit under Order 18

Rule 4 of the CPC and the evidence was recorded. The petitioner

submits that during the pendency of the civil suit, he got hold of the gift

deed dated 28.09.2012 on 24.06.2019 which shows that