AMAR NATH Vs. JHANDU LAL

JUDGEMENT

(1.) After hearing the learned counsel for the parties I am of the view that this revision against the order of the trial Court dismissing the petitioners' objections under Order 21 Rule 90 of the Civil Procedure Code, was not competent in view of the Division Bench decision of this Court in Hukam Chand Siri Ram v. Harish Chander Siri Ram, 1959 AIR(P&H) 129 Since after the dismissal of petitioners' objections under Order 21 Rule 90 Civil Procedure Code, final decree in a suit for partition under the Partition Act was passed by the trial Court on the same day and appeal against the final decree was competent. Accordingly, there is no scope for interference with the order of the lower appellate Court dismissing the appeal as incompetent in revisional jurisdiction of this Court. The petitioners should resort to remedy of appeal against the final decree. The revision is dismissed with no order as to costs.