Evidence Act, 1872–Sec. 65–Registration Act, 1908–Sec. 17–In the suit for partition, the petitioner sought to take the copy of the compromise on record as the secondary evidence–Rejection of application with the view that the compromise was not properly stamped and registered–Perusal of the compromise shows that the agreement has been made between the parties wherein the condition no. 2 specifically reflects that the property mentioned in the agreement is equally partitioned–Rights of parties have been created in favour of parties while mentioning the area of land and which the party is the owner of, on account of such agreement–Exception 2(vi) of Sec. 17 is not applicable in the instant case–Original compromise cannot be allowed in evidence in absence of registration–Therefore, the photo-copy of the said document is not permissible as the secondary evidence–Application was rightly rejected.
