AMRIK SINGH Vs. CHARAN KAUR

JUDGEMENT

(1.) - These are two revision petitions against the orders of Commissioner, Hisar dated 4.7.1994 vide which he found no merit in the revision petitions filed before him and rejected them. The petitioner Amrik Singh had been proceeded against ex-parte in the partition proceedings in the Court of A. C. 2nd Grade, Fatehabad and prayed for setting aside the ex-parte proceedings on the grounds that the summons had not been served on him as his address had been wrongly mentioned in the application for the partition. It was stated that even the Munadi was carried out in Fatehabad town whereas the land in dispute was situated in village Khanpur, Tehsil Fatehabad. The Collector Hisar vide his order dated 1.12.1992 had rejected the appeal on the ground that it was only intended to prolong the proceedings as the application for setting aside ex-parte orders was filed after eight years.

(2.) IT was admitted by the counsel for the petitioner that the brother and son of the petitioner who were in possession on the land in question have been regularly appearing in the partition proceedings and are residing in the village itself. Yet it was claimed that the petitioner did not know of the proceedings for eight years until the year 1990 when he moved an application to set aside the ex-parte proceedings. It was stated that the brother and son of the petitioner were themselves involved in the conspiracy against the petitioner.

(3.) I find that the partition proceedings have been deliberately stalled as a result of collusion between petitioner and the proforma respondents. The partition proceedings were pending at the stage of mode of partition which has been suggested and objections were to be filed. The petitioner can join the proceedings prospectively and submit his objections to the mode of partition, if any. The only stage which he missed was filing written statement and he has managed to delay the partition proceedings for such a long period merely on this account. I do not find any merit in the revision petitions and the same are dismissed. The A. C. IInd Grade, Fatehabad is directed to take expeditious action to finalise the partition proceedings in these cases which have already been inordinately delayed. Such delays defeat the very purpose of provisions of law regarding partition especially when the party seeking partition was not even in possession of the land. A. C. IInd Grade, Fatehabad shall finalise the case within three months positively. Parties are directed to appear before A. C. IInd Grade, Fatehabad on 14.10.1996. Announced. Petition dismissed.