R.S.Narula, J.

1. Saudagar Singh and Dal Singh were two brothers. Dal Singhs widow Sham Kaur, respondent No. 1 in this appeal, filed an application for partition against Saudagar Singh before the Revenue Officer. The other respondents were impleaded as merely pro forma parties. While contesting the application for partition, Saudagar Singh raised a dispute about title, which could not admittedly be decided by the Revenue Officer as such. By order, dated June 23, 1959, the Revenue Officer directed the plaintiff to present a plaint within one month from that day before himself as a civil.--Court, and adjourned the partition proceedings to July 27, 1959 for further action. Though there was an appeal and a second appeal against the order of the Revenue Officer, the ultimate result was that by his order, dated, July 15, 1961, the Commissioner restored the Revenue Officers order referred to above afore than two months after the disposal of the appeal by the Commissioner, Saudagar Singh presented a plaint before the Civil Court on September 25, 1961. By one line order, dated May 9, 1062, Mian Dalip Singh, Assistant Collector, Second Grade sitting as Subordinate Judge, Patti dismis