Ranjit Singh, J.

1. Issue of significant importance concerning the Doctrine of Merger and that of Res judicata would arise for consideration in the present writ petition. At stake is the right of the petitioners and that of respondent No. 2 concerning the property, which was mortgaged before partition by respondent No. 2 to a person, who migrated to Pakistan after partition. Whether such a mortgaged property become evacuee property to be dealt with by custodian would be another important question requiring determination ?.

2. The petitioners while challenging order, Annexure P6, passed by District and Sessions Judge, Hoshiarpur (respondent No. 1) exercising revisional powers under the Evacuee Interest (Separation) Act, 1951 (for short "the Act") would urge that respondent No. 1 could not have set at naught the proceedings finally determined by competent officer after 16 years, that too without sufficient cause shown, when the sale in favour of the petitioners had been confirmed and finalised much earlier.

3. The facts, as pleaded, are that respondent No. 2 mortgaged his land measuring 64 kanals 17marlas with Shri Tuffail Mohmad alias Abdul Hamid of village Mohydinpur Gazi f