KARAN SINGH Vs. RAGHBIR SINGH

JUDGEMENT

(1.) Learned counsel for the appellants has submitted that following two questions of law are involved in this appeal:-

(2.) The brief facts of the case are that the plaintiffs filed suit for declaration alleging that they were co-sharers in the land measuring 506 kanal 4 marlas, comprised in Khewat No.406, Khatauni No.85 to 89, situated in village Dhoka. Defendants no.1 to 7 filed an application for partition before the Assistant Collector 1st Grade, Charkhi Dadri, in which the plaintiffs, who were minors at that time, were also arrayed as respondents no.9 to 34 through their next friends, i.e. their respective fathers. The respondents in the partition application were proceeded against ex-parte including the plaintiffs as no-one appeared on their behalf after service was effected by way of proclamation. The Assistant Collector 1st Grade decided the partition application vide order dated 07.05.1982 and a mutation of partition was sanctioned on that basis.

(3.) The plaintiffs have challenged order dated 07.05.1982 passed by the Assistant Collector 1st Grade and all miscellaneous orders preceding thereto as illegal, null and void because they were not at all represented in the partition proceedings in which they remained ex-parte and unrepresented. The Court had not even appointed Court Guardian on their behalf.