The Punjab and Haryana High Court dismissed a civil revision petition challenging the dismissal of objections to a preliminary decree in a partition suit. The disposal was on grounds of non-maintainability as the final decree had already been passed. A brief note was entered in the cause list.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
Civil Revision No. 4595 of 2011 (O&M)
Phool Singh
..... Petitioner
vs
Manga and others
..... Respondents
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: Mr. Rajbir Sehrawat, Advocate, for the petitioner. Mr. Inder Pal Goyat, Advocate, for respondent no.1.
Rajesh Bindal J.
Challenge in the present petition is to the order dated 14.10.2010 passed by the learned court below whereby the objections filed by the petitioner to the preliminary decree in a suit for partition passed on 7.4.2004, were dismissed.
At the very outset, learned counsel for respondent no. 1 submitted that before filing of the present petition in this court, final decree had already been passed by the learned court below on 2.2.2011. The aforesaid fact has been concealed from this court and further that after passing of the final decree, the present petition rejecting the objections filed by the petitioner against the preliminary decree were not maintainable.
Learned counsel for the petitioner submitted that he was not informed by the petitioner about the passing of the final decree. Hence, the same could not be pleaded.
Be that as it may, but the fact remains that after the dismissal of the objections filed by the petitioner vide impugned order dated 14.10.2010, final decree of partition was passed by the learned court below on 2.2.2011. The present petition was filed in this court on 27.7.2011. Hence, the same is dismissed as not maintainable.
(Rajesh Bindal) Judge
23.5.2012 vs.
2 issues framed by the court
Whether a civil revision petition objecting to a preliminary decree filed before the passage of the final decree is maintainable after the final decree has been passed and no intimation was made of th
Whether the present civil revision petition is maintainable filed on 27.7.2011 after the final decree was passed on 2.2.2011.
Phool Singh
Manga
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
