SATINDER PAL SINGH Vs. RAJINDER SINGH

JUDGEMENT

(1.) THIS is a revision petition filed against orders of Commissioner Hisar Division dated 18.5.95 in a partition case.

(2.) FACTS of the case are that Rajinder Singh (present respondent) made an application for partition of land measuring 388 kanals 11 marlas in village Shakar Khera, Tehsil Sirasa on 9.6.83. In this application it was said that the applicant owns the land in equal shares with Pishora Singh and the same may be partitioned between the two parties as per the above share. In the reply given by Pishora Singh on 4.5.83 it was said that a family partition had already taken place between the parties and further that all lands and all parties involved have not been brought on record in the case. The decision on this application was postponed by the AC-I on the ground that same land had been mortgaged. This order was set aside by the Collector on 16.10.84 with the direction that the partition case should proceed. Thereafter both the parties were served and a mode of partition was decided upon on 2.12.87. Later, after the death of Pishora Singh, respondent, his descendants for quite some time did not appear and therefore they were summoned through proclamation. A mode of partition was again decided upon on 5.6.90, but without the presence of the respondents, who failed to appear before the AC-I in spite of proclamation. The AC-I finally made a partition order on 22.12.92, ex-parte. An appeal was filed before the Collector against the above order and the Collector on 24.5.93 remanded the case for deciding the case after properly summoning and hearing the respondents.

(3.) AN appeal against the above order filed by Satinder Pal Singh etc. (LRs of Pishora Singh) before the Collector was dismissed on the ground it was delayed and it was observed that even the earlier proceedings before the AC-I had been delayed by the appellants. A revision petition filed before the Commissioner was dismissed on 18.5.95 as the case was not properly pursued. The present revision petition has been filed against the above order of the Commissioner.