(1) If any objection is made
by a recorded co-sharer involving a question of proprietary title which has not
been already determined by a Court of competent jurisdiction, the 1[Revenue
officer] may either––
(a) decline to grant the application until the question in dispute has been determined by a competent Court, or
(b) require any party to the case to institute within three months a suit in the Civil Court for the determination of such question, or
(c) proceed to enquire into the merits of the objection.
(2) When the proceedings have been postponed under clause (b), if such party fails to comply with the requisition, the 1[Revenue officer] shall decide the question against him. If he institutes the suit the 1[Revenue officer] shall deal with the case in accordance with the decision of the Civil Court.
(3) If the 1[Revenue officer] decides to enquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure for the trial of original suits.
(a) decline to grant the application until the question in dispute has been determined by a competent Court, or
(b) require any party to the case to institute within three months a suit in the Civil Court for the determination of such question, or
(c) proceed to enquire into the merits of the objection.
(2) When the proceedings have been postponed under clause (b), if such party fails to comply with the requisition, the 1[Revenue officer] shall decide the question against him. If he institutes the suit the 1[Revenue officer] shall deal with the case in accordance with the decision of the Civil Court.
(3) If the 1[Revenue officer] decides to enquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure for the trial of original suits.
1. Substituted by Act VIII of Samvat 2004 for “Partition Officer”.