Partion suit

A property placed nominally in registered partion deed in ones share to avoid litigation by endowment department can be repartioned without challenging the registered document because some properties and mothers share property were also part of the registered partion deed. So a suit for partion of was filled after 30 years from the registered partion took place. It was challenged on orall evidence . No declaration was asked and was not challenged in lower courts either by defendant and judge so a decree was passed to partion the property. But in Highcourt the judge pointed out tha framing of suit was wrong for firs time and a suit for declaration should have been filled this issue for first time came in Highcourt which was not disputed in lower court and he admitted the appeal. The argument on respondents was a property nominally placed means the document becomes void so no need for declaration and setting aside the limitation act 59 doesn’t apply. So the fact is is a partion document becomes void if some thing in it placed nominally and be proved then automatically it becomes void is this contention true