SUBBANNA NAIK KRISHAN NAIK Vs. PRAHLAD RAMANNA NAIK

JUDGEMENT

(1.) This is a revision petition directed against the order made by the Court below noting aside the ex-parte final decree made in a partition suit. After the preliminary decree to a fourth, share in the family properties and when the suit was posted for the preparation of the final decree, on a date on which the defendants were absent the Court below made the final decree. This application presented by the defendants under Rule 13 of Order IX of the Code of Civil procedure succeeded in the lower Court and this ex-parte decree was set aside.

(2.) The petitioner before me who is the plaintiff, feeling aggrieved by the order made by the Court below setting aside the ex-parte decree has presented this revision petition.

(3.) The Court below set aside the ex-parte decree on the ground that the defendants and their pleader could not have been aware of the date to which the suit had been posted and that there was there fore sufficient cause for the absence of the defendants on the date on which the ex-parte decree was made. That finding being a finding on a question of fact is not liable to be disturbed in revision.