CHET RAM Vs. YUDHISHTER

JUDGEMENT

(1.) ON a suit for partition filed by the right-holders of village Kasandi, Tehsil Gohana, District Sonepat, a preliminary decree for partition of Abadi Deh and Shamilat Deh was passed by the trial Court on 9. 1. 1973. The decree was passed for the benefit of all the right-holders. The trial Court appointed a Local Commissioner for making allotment and division of shares in terms of the preliminary decree. The Local Commissioner submitted his report. Against this report, Yudhishter son of Prabhu preferred Objections. The trial Court dismissed the said Objections made by Yudhishter, This order was challenged by Yudhishter as well as by his brother Sehdev and his son Abhimanyu, in appeal before the first appellate Court. The first appellate Court allowed the said appeal and set aside the order of the trial Court, with a direction to get necessary allotment in favour of the Objectors through an Agency of the Local Commissioner in the light of the observations made in the order. This order is being challenged by the petitioner in the present revision petition.

(2.) MR. Bhoop Singh, Advocate, learned counsel for the petitioners contended that the order passed by the first appellate Court is absolutely without jurisdiction inasmuch as no appeal was maintainable against the order by Court confirming or varying the report of the Local Commissioner who was appointed to make allotment and division of the property.

(3.) ON the other hand, Mr. J. S. Malik, Advocate, learned counsel for the respondents stated that after dismissal of the Objections filed by Yudhishter, final decree was passed on 24. 4. 1978, though an appeal was filed against the order dismissing the objection petition filed against the report of the Local Commissioner. He further submitted that before the first appellate Court, the appeal was filed on 15. 5. 1978 and therefore the same be taken to have been filed against the final decree.