DILBAG Vs. PATRAM

JUDGEMENT

(1.) The plaintiff-appellant being unsuccessful in both the Courts below in his suit for declaration has filed the present regular second appeal, challenging the order of the Revenue Court dated 15.09.2006 passed by the Assistant Collector IInd Grade, Bhiwani, wherein ex parte proceedings had been initiated against him and his application for setting aside the same was dismissed on 15.12.2008.

(2.) Challenge has also been made to the preparation of Naksha 'Kha' and the order dated 29.01.2009 (Annexure A-1), whereby he was allowed to join the proceedings from that stage by the Collector, Bhiwani. Thereafter, order dated 24.04.2009 (Annexure A-5), whereby his objections were rejected by the Assistant Collector IInd Grade, Bhiwani and the order of the Financial Commissioner dated 17.07.2009 (Annexure A-8) which had affirmed the decision of the Collector, allowing him to join proceedings, were all also subject matter of challenge in the civil suit.

(3.) Counsel for the appellant has vehemently submitted that the Courts below were not justified by allowing the revenue authorities to proceed against the appellant in his absence and only permitting to join the proceedings at a belated stage as such and, therefore, challenge has been made to the order of the Courts below by holding out that Civil Court had failed to set aside the proceedings of the revenue authorities, though it was competent to do so. The appellant was serving in the Army as such and, therefore, had not been properly served and his rights were affected as such by not allowing him to join the partition proceedings.