No appeal lies against final orders like instrument of partition, mutation etc. if no appeal is preferred against the mode of partition, provided that there is no infraction of the sanctioned mode of partition.

R. Bhattacharaya.—By this revision petition preferred under Section 17 of the H.P. Land Revenue Act by Sh. Jindu son of Sh. Dharkoo, resident of Basantpur, PO Basantpur, Pargana Barabal, Tehsil Suni, District Shimla, H.P., the propriety and correctness of order "dated 26.11.1994 passed by learned Divisional Commissioner Shimla in Revision Petition No. 99/94 has been called in to question, by which the revision petition of the petitioner was rejected by confirming the orders of Settlement Collector and Assistant Collector in partition proceedings.

2. The salient facts leading to the present litigation may be recapitulated thus : Smt. Neel Kamal, respondent No. 1 presented an application before Assistant Collector 1st grade Suni sometimes in 1983 requesting therein for partitioning off her share in the lands comprised in Khata/Khatauni No. 78/118-120 measuring 39.1 Bighas situated in village Basantpur Tehsil Suni that she jointly owned with other co-sharers described in the revenue record. The proceedings commenced on the application culminated into an order dated 30.6.1982 passed by the Assistant Collector sanctioning the mode of partition in accordance with the agreement of the parties, according to the order aforementioned. One of the condition approved in the mode of partition was that the possession shall be respected. The mode of partition was sent to the revenue field agency for carrying out actual partition in terms thereof, on the spot. The revenue field agency carried out the actual partition on the spot after taking into consideration the objections of the various co-owners and reported the matter to the Assistant Collector who also again heard the objections of the parties and approved the partition. Subsequently instrument of partition was written in accordance with the duly sanctioned partition by the Assistant Collector vide his orders dated 18.1.1986. Consequently mutation was entered as per the instrument of partition which was attested as mutation No. 458 dated 31.3.1986 by the Assistant Collector thereby giving effect to the partition in the revenue record. Aggrieved thereby one of the co-owners Ram Bahadur Singh (since deceased) filed an appeal before the Sub-Divisional Collector Shimla on 24.7.1986 in which he challenged the order dated 30.6.1983 by which mode of partition was sanctioned and order dated 18.1.1986 vide which instrument of partition was sanctioned as also mutation dated 31.3.1986 by which the said partition was given effect into the revenue record. The Sub-Divisional Collector allowed the appeal and remanded the case to the Assistant Collector who registered the case again and started proceedings afresh. The proceedings culminated into another instrument of partition issued vide number 732 on 22.6.1990 which was reflected in mutation No. 511 attested by the Assistant Collector vide his orders dated 21.6.1990. This mutation was challenged by the present petitioner before the Sub-Divisional Collector Shimla who allowed the appeal and remanded the case to the Assistant Collector for deciding afresh after giving an opportunity of being heard to the parties. The matter again went to the Assistant Collector who forwarded the order to the Settlement Staff, and the Assistant Collector attested mutation No. 545 vide order dated 15.2.1993. The present petitioner again filed an appeal before the Collector (Settlement) Shimla who dismissed the same vide his order dated 5.3.1994. Still dissatisfied the petitioner filed a revision petition before the Divisional Commissioner, Shimla which was dismissed by him by passing the impugned orders. Undaunted, the petitioner has filed another revision petition before us.

3. The grounds taken in revision petition are that order passed on mutation No. 458 was final and appeal against that order was time barred and not maintainable in view of the fact that instrument of partition was not set aside and mutation was just a replication of the instrument of partition. It