JAGIR KAUR Vs. FINANCIAL COMMISSIONER PUNJAB, CHANDIGARH

JUDGEMENT

(1.) The petitioners pray for issuance of a writ in the nature of certiorari for quashing the order dated 29.03.2007, passed by the Financial Commissioner/Appeals-1, Punjab, Chandigarh.

(2.) The question that requires adjudication is whether partition proceedings can continue at the behest of other co-sharers after the original applicant files an application for withdrawal of partition proceedings.

(3.) Counsel for the petitioners submits that as the petitioners filed an application for withdrawal of partition proceedings, the Financial Commissioner had no jurisdiction to direct, at the behest of respondent No. 5, that partition proceedings shall continue. It is argued that a plaintiff/applicant is the master of his lis and may, at any time before a final order is pronounced withdraw the petition. The Financial Commissioner has therefore, committed an error of jurisdiction in allowing respondent No. 5 to continue partition proceedings.