SYED RAHEEM Vs. NASIRUDDIN

JUDGEMENT

(1.) This appeal has been instituted challenging the decree of partition granted by the Trial Court.

(2.) Learned counsel for the appellants submitted that the impugned judgment and decree has been passed without there being any contest, in as much as, no written statement had been filed by defendants 1 and 3 to 6. He submitted that since the suit was one for partition, a valuable right available to the defendants had been lost.

(3.) Learned counsel appearing on behalf of the respondents 1 to 6, however submits that adequate opportunities were granted for contesting the suit, but the appellants were remiss in prosecuting their case and they deserve no discretion or indulgence.