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As described in case of Noor Muhammad and Other folks Vs Allah Ditta and Some others, reported in PLD 2009 Supreme Court docket 198 through the august Supreme Courtroom that proceedings of partition of agricultural land before the Earnings Officers weren't governed via the Civil Treatment Code, 1908, particularly when the dilemma of title was not involved, these types of proceedings becoming summary in character do not partake the character of a civil go well with necessitating the framing of issues or recording of proof from the parties.

In the event that titled: Ghulam Rasool and One more Vs Muhammad Khalid and Other folks, documented in 2006 YLR 2289 Lahore, the august Courtroom held that, “celebration opting to return for partition was not permitted to choose and select and to have share in valuable portions of the joint holdings by leaving out its get-togethers with lesser price, suit found being for partial partition wasn't maintainable”.

The suit has to be in respect of those joint Qualities in regard of which neither any common partition was produced priorly nor the Houses should have been divided by private settlement/Khangi Taqseem.

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In addition it pertinent to mention that the end result of initially round of partition fit i.e. preliminary decree is always issue to appeal, then revision or second charm, and finally It is usually challengeable before the Supreme Courtroom in its appellate jurisdiction envisaged under Post 185 on the Constitution.

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