partial partition' can be admitted in evidence and looked into for collateral purposes. O.S.No.274 of 2000 has been filed ... partition deed and the same can be admitted in evidence only for collateral purposes.
8. Aggrieved by this order of the learned single Judge
depends upon the fulfilment of a condition or the establishment of a collateral fact not touching the merits of the case. The power ... quasi-judicial body is de-
pendent on the establishment of collateral facts. A familiar example of such a case is the jurisdiction of the Eevenue
rely on the document to prove his character of possession which was collateral purpose to the terms of the lease deed. According to the petitioner ... totally inadmissible and that it is admissible for proof of collateral purpose. Referred to Section 49 of the Registration Act, he submitted that the said
said suit because the same is sought to be used only for collateral purpose and not to prove any right or title derived by means ... submit that the document is sought to be marked not for any collateral purpose as it is attempted to be distinguished by the learned counsel
possession, the said document is to be marked only for such collateral purpose. The said application was resisted by the respondents mainly by contending that ... such unregistered sale deed cannot be admitted in evidence even for collateral purpose. The Court below rejected the said application only on the reason that
Transfer of Property Act or as evidence of any collateral transaction not required to be effected by registered instrument.
Section 91 of the Indian Evidence ... parti-tion can however be admitted in evidence for the collateral purposes and secondary evidence given to that extent viz :
(i) To prove a change
substantially in issue in the suit.
9. The difference between issues 'collateral' and 'direct' depends upon whether it was possible ... second suit for the later instalment. The difference between issues 'collateral' and 'direct,' according to the learned Judge, depends upon
that Ex. B-1 cannot be admitted in evidence even for the collateral purpose of finding out the character of the possession of the properties ... Transfer of Property Act, 1882, or as evidence of any collateral transaction not required to be effected by registered instrument."
9. One thing that
mortgagee had secured under the instrument of mortgage. That such a collateral advantage bargained for by the mortgagee is really a clog upon the right ... matter beyond doubt.
11. That a mortgagee may stipulate for the collateral advantage of a right of pre-emption in consideration of his advancing
Kachi Muniappa Mudali. The question for decision is, does the rule of collateral succession obtain among the legitimate descendants of the two sons ... inherit to one fenother ; in other words, whether the principle of collateral succession applies to the descendants of these two persons. The contention
