- (1.) The question of title being apparently involved in this case, no exception can be taken to the order passed by the Financial Commissioner, who has directed that case of partition should not proceed until the question of title which has arisen is determined. The Financial Commissioner has rightly observed that to proceed with partition without any decision on the question of title is opposed to law and in this regard has made reference to the provisions of Section 117 of the Punjab Revenue Act, which is as under:- "When there is a question as to title in any of the party of which partition is sort, the revenue officer may decline to grant the application for partition until the question has been determined by the competent court, or he may himself proceed to determine the question as though he were such a court."
(2.) The order passed by the Financial Commissioner does not suffer from any infirmity, which would call for any interference in exercise of writ jurisdiction.
(3.) The writ petition is accordingly dismissed.;