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The suit proceeded and P.W.-1 was examined and during trial petitioners submitted the sketch map of Amin for marking the same as an exhibit at that stage the defendants filed an application dated 01.02.2011 contesting the same. Petitioners however filed a written objection to the aforesaid application dated 01.02.2011. The application dated 01.02.2011 filed by the defendants came up for hearing before the learned Judge on 04.7.2012 who by his Order No. 59 allowed the same and directed that the sketch map dated 28.11.1988 as filed by the plaintiffs will not be marked exhibit in the case.

Being aggrieved by the said order the petitioners preferred this revision, inter alia, on the grounds that the learned Judge failed to consider the settled proposition that a sketch map prepared by an Amin is not to be registered and the same is a document of previous partition amongst the co-sharers and also failed to appreciate the plaint's case that partition amicably has been made long before R.S. settlement operation in between the parties.

It is submitted on behalf of the petitioners that the sketch map is a Memorandum of Partition and as such there is no requirement of registration of the said document and as such the document is required to be marked as an exhibit.

I have respectfully gone through the above cited decisions by the rival parties and this Court is of the view that marking of the document is not a conclusive proof of the contents of the same and is required to be proved during the trial.

Mr. Das has emphatically submitted that the sketch map prepared on 28.11.1988 is an acknowledgment of the amicable partition held long before C.S. operation. If this submission is taken into consideration in terms of the amended plaint then the said fact can be enquired into with the help of successive record of right in respect of the suit properties to find as to whether in terms of amicable partition the properties amongst the co-sharers were recorded in the C.S. Record of Right, R.S. Record of Right and L.R. Record of Right and thus, it can be decided as to whether the sketch map prepared by Amin duly signed by the persons were by and between the parties to the suit or not.

Having considered the sketch map being produced before the learned Trial Court pursuant to the amendment of the plaint on that score, sketch map in my considered opinion is an acknowledgement alleged to be in respect of amicable partition which is not document required to be compulsorily registered under Section 17 of the Registration Act. Dwelling on the principles in case of Kale & Ors. vs. Deputy Director of Consolidation & Ors. and Bipin Shantilal Panchal (Supra), this Court is pleased to direct the learned Trial Court to mark the sketch map as collateral document in question and to enquire into the factum of amicable partition long before C.S. operation in the context of the record-of-rights in respect of the suit properties, ergo, the order impugned is set aside.