(A) Code of Civil Procedure, 1908 – Additional Evidence – Allowed – Held: On analysis of the entire material, this Court is of the opinion that the evidence sought to be adduced by the appellants by way of CMP No. 6891 of 2019 is necessary and essential for complete adjudication of the matter between the parties and deserves to be allowed. The documents sought to be proved by way of additional evidence are records of quasijudicial proceedings conducted by the Revenue Court under the H.P. Land Revenue Act. In any case, the respondents can always avail the opportunity to rebut the evidence sought to be adduced through the aforesaid application. (Para 20)
(B) Family partition on mutual basis – Recognized Concept – Family partition on mutual basis of joint holdings is an established and recognized concept in Indian legal system. The severance of rights, title and interest on the basis of family partition has legal sanctity. The family partition can be oral and inferable from the surrounding facts. Any record of the terms of such settlement prepared subsequently is not subject to registration under the Registration Act and can be used as evidence for all collateral purposes. (Para 18)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 285 HP
[2023:HHC:12783]
Krishan Lal And Others Vs. State Of H.P. And Others
RFA No. 296 of 2008 a/w CMP No. 10756 of 2018 and CMP No.6891 of 2019-Decided on 31-10-2023
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