RANDHIR SINGH Vs. HARDAS

JUDGEMENT

(1.) N. S. Ravi, Member. This is a revision against the order passed by Divisional Commissioner Jhansi on 22-2-2000 in Revision No. 47/99-2000 arising out of an interim order passed by S. D. O. Tal Behat in a declaratory Suit No. 74/98-99 on 25-10-99. By the impugned order the learned Commissioner has held that the title suit Bearing No. 5/99-2000, Har Dass and others v. Randhir Singh and others, under Section 229-B be decided first and then proceedings under Section 176 be taken up. The revisionist has come to this Board against this order. It appears from the papers that regarding the same plots of land two suits were pending before S. D. O. Tal Behat. One under Section 229-B of the U. P. Z. A. and L. R. Act and another under Section 176 of the U. P. Z. A. and L. R. Act. An application under Section 10 C. P. C. was moved before the trial Court on 25-10-99 requesting that first the declaratory suit be decided and then the partition suit. On this application the learned trial Court passed the impugned order dated 25-10-99 directing that both case be heard simultaneously on same dates. Against this order revision was filed before the learned Commissioner which was disposed of by the impugned order.

(2.) THE revisionist before the Board agitates that no notice was issued by the revisional Court and the order is ex-parte , illegal and arbitrary as well as without jurisdiction. I see no irregularity in the impugned order passed by Divisional Commissioner which simply a direction to the trial Court first to decide the claims of the contesting parties and then proceed for partition.