ORDER 1. The petitioner/plaintiff has filed the present petition being aggrieved by order dated 16.6.2014 whereby learned trial Court has rejected the application filed by him in respect of admissibility of partition deed dated 1.4.2004 into evidence for want of registration and proper stamp duty. 2. The plaintiff has filed the suit for declaration and perpetual injunction being aggrieved by mutation of the suit property in the name of defendants No. 1 and 2. 3. Defendants No. 1 to 3 filed joint written statement contending that the partition deed was executed on 1.4.2004 between Reshambai and her daughter Amritabai. During pendency of the plaint, plaintiff raised an objection by filing the application that the said deed is not admissible in evidence for want of registration and stamp duty. The application was opposed by the defendants placing reliance over the judgment of apex Court in the case of Jaberchand v. Pukhraj : AIR 1961 SC 1655 . 4. By order dated 16.6.2014, learned trial Court has rejected the application on the ground that the deed dated 1.4.2004 is not a partition deed, but a memorandum of partition, therefore, it is not required for registration and proper stamp duty. Hence, the present petition before this Court. 5. According to the petitioner, the document dated 1.4.2004 is a partition deed by which shares were divided between the co-owners and there is a transaction of Rs. 2,82,000/-. 6. The so-called partition deed dated 1.4.2004 is filed along with this petition as Annexure P-2. In Para 2 of the said document, it is mentioned that the land bearing Survey No. 323/1 area 1.137 Hect. had already been given to Amritabai and which was already sold by Party No. 1 in Rs. 2,82,000/- and the same was paid to Party No. 2. Therefore, learned trial Court has rightly held that prima facie, it is not a partition deed but a memorandum of partition because the share of Amritabai had already been given prior to the execution of deed dated 1.4.2004. It is settled law that memorandum of partition is not required to be registered and no stamp duty is required to be paid. 7. Accordingly, this petition fails and is hereby dismissed. Copy of this order be sent immediately to the concerned Civil Court for information and further proceedings. No order as to cost