Dear all.. We had filed a partition suit for the properties allotted to us in 1993 via partition suit whose preliminary decree had 2 types of properties town and revenue..a commissioner was appointed by the fdp court and the town properties were allototed to decree holders of that suit as original decree holders had died since it is a suit of 1947 properties were jointly allotted to LRS of deceased decree holder and later RFA was preferred over the final decree of town properties it attained finality but now the revenue properties are in question in Regular appeal only revenue properties... We had filed a partition suit to divide the town properties allotted to us jointly for which fdp attained finality along with execution...we had even questioned in FDP court also for partition but FDP court rejected our plea saying here we will not determine share of LRS of decree Holder s then we approached high court it also upheld view of FDP court..hence we file seperate partition suit..but trial court dismissed suit stating u question in FDP court where revenue properties is pending appeal..the court with out going thru FDP court and high court order and finality of part of decree of town properties dismissed our suit...under order 2 rule 2 CPC... Question..can we file review petition in the same trial court to clear facts for the judge or we have to go for appelette court.. Rdgs Ali
