(1)If, on or before the day so fixed, any objection is made by a recorded co-share, involving a question of proprietary title, which has not been already determined by a Court of competent jurisdiction, the Collector may either -(a)Decline to grant the application until the question in dispute the has been determined by a competent Court, or(b)require any party to the case to institute within there months a suit in the Civil Court for the determination of such question, or(c)proceed to inquire summarily into the merits of such question.(2)When proceedings have been postponed under Sub clause (b) of sub-section (1), if such party fails to comply with the requisition, the Collector shall decide the question against him. If he institutes the suit, the Collector shall deal with the case in accordance with the decision of the Civil Court.(3)If the Collector decides to inquire into the merits of the objection, he shall follow the procedure laid down in the Code of Civil Procedure, 1908 (Central Act V of 1908), for the trial of original suits.(4)All decrees passed under sub-section (3) shall be held to be decrees of a Civil Court and shall be open to appeal to the District Judge or the High Court, as the case may be, under the rules applicable to appeals to those courts.
