RAM SURAT RAM, J. - (1.) Heard Sri Raj Kumar Dhama for the petitioner and Standing Counsel for State.
(2.) The writ petition has been filed against the order of Sub Divisional Officer dated 30.7.2015 setting aside the ex parte preliminary decree as well as final decree passed in the partition suit and the order of Additional Commissioner dated 28.12.2016 dismissing the revision of the petitioner against the aforesaid order.
(3.) The petitioner filed a suit for partition of joint holding impleading Surendra Singh as defendant-1. It is alleged that Surendra Singh filed his written statement admitting the claim of the petitioner as such preliminary decree was passed by the Sub Divisional Officer on 23.11.2013. Thereafter Lekhpal submitted kurra. Lekhpal was examined and statement of parties were also recorded in respect of kurra. Thereafter final decree was passed by Sub Divisional Officer dated 25.4.2014. Surendra Singh subsequently filed an application for recall of the ex parte decree stating therein that the petitioner has committed fraud inasmuch as neither any summon of the suit was served upon him nor he appeared before the court below nor he engaged Sri Dinesh Kumar Sharma as Advocate on his behalf. The written statement as well as statement recorded in the court below was filed by some impostor. The petitioner contested the recall application and filed his objection. The Sub Divisional Officer after hearing the parties by order dated 30.7.2015 found that although the land in dispute was recorded in the name of Surendra Singh but the written statement was filed through Sahendra Singh. Thus forgery has been committed by the petitioner. On this finding he recalled the ex parte preliminary decree as well as final decree and restored the suit to its original number. The petitioner challenged the aforesaid order in the revision which has been dismissed by Additional Commissioner on 28.12.2016. Hence this writ petition has been filed.;