Code of Civil Procedure, 1908–Order 13, Rule 4–Document of family settlement was declined to take on record as it was not produced at earlier stage–Whether the document was an oral statement reduced in writting or was a partition deed, is a mixed question of law and facts–If the impugned order is sustained, it gives the finality to the question that the document was a partition deed and not a family settlement without an opportunity to lead evidence on same–Held, trial Court is directed to mark the document as exhibit and admissibility will be decided at the time of final hearing of the suit.
