IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
BACHITTAR SINGH – Appellant
Versus
FINANCIAL COMMISSIONER (REVENUE) PUNJAB AND OTHERS – Respondent
respondents-Gurbachan Singh and Bachittar Singh sons of Gurdial Singh & others had already filed an application titled as Roop Singh etc. Vs. Bhagwan Singh etc. seeking partition of the same khasra numbers. The said application (Filed earlier) was adjourned sine-die with the concurrence of the parties by the AC Ist Grade on dated 19.02.2010, due to the pending civil litigation, with the liberty that after decision of civil litigation, any party can get the case reopened. The applicants/respondents No.4-10 by suppressing the fact of the previous pending application, have filed the present partition application. After considering the totality of the circumstances, I am of the considered view that the second partition application was not maintainable. As held by the Collector, the second application is hit by the principle of res-judicata and instead of filing fresh partition application, the respondents/applicants were required to get the previous pending application restored/resumed. The order of the Collector is a detailed and reasoned order. However, Ld. Commissioner, without appreciating the facts of the case and without giving any valid reason has upset the order of the Collecto
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