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VIJAY BISHNOI
Lrs of Nena Ram – Appellant
Versus
Board of Revenue – Respondent
ORDER
1. This writ petition is filed by the petitioners being aggrieved with the order dated 12.8.2021 passed by the Board of Revenue, Ajmer (for short 'the Board of Revenue') whereby, the revision petition No.79/2021 filed by the petitioners has been dismissed. The said revision petition was filed by the petitioners being aggrieved with the order dated 5.2.2020 passed by the Sub Divisional Officer, Balotra (for short 'the Sub Divisional Officer') whereby, the application preferred on behalf of the petitioners under Section 151 and 152 CPC seeking correction in the order dated 24.8.2012 has been dismissed.
2. Brief facts of the case are that the respondent No.2 has filed a suit for partition and permanent injunction before the Assistant District Collector, Balotra in the year 2007. In the said suit, a preliminary decree was passed by the Sub Divisional Officer vide judgment dated 24.8.2012 declaring that the respondent No.2 is entitled to one-third share of the land in question, for which, the suit for partition was filed. A further direction is also issued against the defendant Nos.2 to 8 not to interfere in the peaceful possession of the share of the plaintiff.
3. The first appeal a
Sections 151 and 152 CPC are limited to clerical corrections and do not allow for substantive reviews of prior judgments.
The court upheld the Board of Revenue's decision that the petitioner was neither a necessary nor a proper party to the proceedings, affirming the dismissal of his application.
The main legal point established in the judgment is that even if a party is entitled to a right of way in accordance with the law, the affected persons must be provided with a copy of the application....
A clerical error in a decree's operative portion does not invalidate a judgment if substantive issues are resolved, and prior partition must be proven by the defendants.
The proceedings under Section 136 of the Act of 1956 are summary in nature and cannot be treated as a suit, thus the application under Order 7 Rule 11 CPC is not maintainable.
The main legal point established in the judgment is the interpretation of the jurisdiction of the Financial Commissioner and the Commissioner in revising partition orders under the un-amended and ame....
In a partition suit, the court has the power to pass a second preliminary decree if circumstances justify it, such as the death of parties or sale or loss of properties. However, this power can only ....
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