In a partition suit in a trial Court, a final decree petition was filed five years ago to appoint an Advocate Commissioner to divide the property and pass final decree of partition. It is an interlocutory application (IA) under Order 26 Rules 13 and 14 of the Code of Civil Procedure.
The petition was allowed and an Advocate Commissioner was appointed and the proceedings are in progress.
I want to get the final decree petition dismissed on grounds of fraud and that the petitioners suppressed material facts. How do I get the petition dismissed?
(1) Can I file an IA under the final decree petition (IA within IA) with a prayer to dismiss the final decree petition on grounds of fraud?
(2) Alternatively, should I file a Civil Revision Petition in the High Court to dismiss the final decree petition on grounds of fraud?
Since the final decree petition was already allowed and an Advocate Commissioner was already appointed, is it necessary to file Civil Revision Petition in the High Court to dismiss it? Is it the only way? Or, are both the options available to us? Are there any other ways of doing this?
I want to know the correct legal position.
Of course, I have a lawyer, but we are unable to decide what is the right thing to do and we obtained conflicting advice from others, so I am posting this query in this esteemed forum to seek your valuable advice.
I humbly request all of you to give your precious advice.
Regards,
Krishna Kishore
