In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 1621 of 2009 Date of decision: March 24, 2009 Mai Chand .. Petitioner Vs. Raghbir Singh and another .. Respondents Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Sanjay Verma, Advocate for the petitioner. A.N. Jindal, J This is second round of litigation. Earlier the plaintiff- petitioner (herein referred as 'the plaintiff') could not succeed in partition proceedings which have become final. Now he has filed the suit for declaration challenging the order of final partition passed by the A.C. II Grade, Babain and sought injunction restraining the defendants from dispossessing them from the suit land. One of the point raised in the suit is that order of partition was ex-parte. The trial court vide its order dated 5.2.2009 allowed the application for ad-interim injunction. However, on appeal, it was accepted and the injunction was declined to the appellants. Having scrutinized the records of the case, it transpires that the parties contested the proceedings up to the Court of Financial Commissioner. However, one one date, they were proceeded against ex- parte. The Revenue Authorities, sensing that the appellants were delaying the partition proceedings ultimately dismissed the petition for setting aside the ex-parte order. No doubt, a void order could be challenged by way of filing civil suit but the appellants have failed to prima facie establish if the order was void in any manner, therefore, the appellants cannot be said to have any prima facie case for grant of permanent injunction. Without commenting over the jurisdiction of the civil court which is to be decided by the trial court, no illegality in the impugned order has been pointed out so as to dub the order as void. Dismissed. March 24, 2009 (A.N. Jindal) deepak Judge