M RAMACHANDRA REDDY Vs. M RAJA REDDY

JUDGEMENT

(1.) Heard the learned Counsel.

(2.) The petitioner in I.A.No.1844 of 1997 in O.S.NO. 942 of 1974 on the file of the first Assistant Judge, City Civil Court, Secunderabad is the revision petitioner herein. The petitioner filed and application under Section 151 C.P.C. praying for reopening of partition effected in O.S.No.942 of 1974 which was disposed of on 9-2-1991 and a final decree also was passed, on the ground that there was loss due to the mistake of fact which occurred in partition of land relating to Sy.No.115. It was stated in the affidavit filed in support of the application that there is a mistake of fact since it was believed by the parties that the land in Sy.No.115 corresponding to new No.115/1 and 115/2 belonged to joint family only and that subsequently it was found mat an extent of 27 gts. belongs to the Government and in view of the same the relief prayed for in the application has to be granted. The Court below by an order dt. 15-11-1997 had rejected the said application as not maintainable and aggrieved by the same the present revision petition is filed.

(3.) An application under Section 151 C.P.C. seeking the relief to re-open the partition itself is a misconceived remedy. In Ratnam Chettiar v. S.M. Kuppuswami Chettiar the Apex Court while dealing with the aspect of re-opening the partition observed: