Dev Darshan Sud,J. This revision has been preferred by the petitioner against the order passed by the learned District Judge, Chamba, rejecting the appeal preferred by him against the order of the learned Senior Sub Judge, Chamba, dismissing the petition under Order 21 Rule 97 of the Code of Civil Procedure (hereinafter referred to as ‘CPC’ ) in execution proceedings instituted by the respondent Chuni Lal son of Amar Nath.

2. The facts necessary for determination of this petition are that Civil Suit No.181/63 was instituted in the Court of Senior Sub Judge, Chamba on 10.6.1963 by respondent Chuni Lal son of Amar Nath against Chuni Lal son of Haribhaj. A preliminary decree was passed by the learned Court on 9th September, 1963 directing partition of the suit property to be partitioned by a local Commissioner to be appointed. Thereafter, on 17.9.1964 the Court records:-“ Counsel freekan hazir hain. Freekan report Ex.X anusar bibhajan karne ko razi hain. Atah antim decree final decree anusar report Ex.X bhag har do freek di jave. Report Ex.X va naksha Ex.Y bhi part decree ka bhag schedule mana javega. Sunaya gaya. Misal dakhil daftar hove”.Transliteration:-

“The counsel for th