LAWS(ALL)-1997-3-228

CHAUBHA Vs. BHOORI

Decided On March 14, 1997
Chaubha Appellant
V/S
BHOORI Respondents

JUDGEMENT

(1.) The facts arc : A suit for partition of holding in the Court of Assistant Collector, First Class, Bindki, District Fatehpur. Plaintiff is Chotia. A decree for division of holding is passed on 20-2-1981. This order of preliminary decree has become final and conclusive. Then follows the order of final decree dated 20-5-1981 allotting suit land according to shares through the medium of qurras. Also this order has become final and conclusive.

(2.) On 19-3-1985 Chotia moves that qurras filed on 2-5-1981 are final by the order of the court. But then the file has been consigned to record room on 20-5-1981. Final curtain has not been drawn as yet judicial hie be summoned and process for actual partition on the spot be undertaken. An affidavit in support of cause is filed. An application on 24-6-1185 that general stamps be admitted and final decree be prepared in accordance therewith.

(3.) Defendant Gulzari and others join a contest contending final decree dated 20-5-1981 is no longer effectual in intent; that action cannot re-begin on an application lately moved on 27-3-1985. Also the qurras were in various aspects incorrectly prepared. On 30-10-1985 trial Court has dismissed the motion as barred by over-run of limitation. Revision is dismissed by Additional Commissioner on 28-11-1988. Aggrieved by tho order a revision.