FATHIMA Vs. KUNHIPATHU

JUDGEMENT

(1.) Is the decree passed in the suit, in which the appellant is the first defendant, an ex parte decree or not? This is the bone of contention between the parties to be decided in this appeal.

(2.) The appellant is the first defendant in the suit O.S. No. 129 of 2009 on the file of the Subordinate Judge's Court, Kozhikode. The respondents are the plaintiffs and the other defendants in the suit.

(3.) The suit was for partition of movable as well as immovable properties. On 06.06.2017, the lower court passed a preliminary decree for partition of the plaint schedule properties. The appellant then filed an application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') for setting aside the decree in the suit on the basis that it is an ex parte decree passed against her. The lower court dismissed the aforesaid application stating that the decree passed in the suit is not an ex parte decree. This appeal is filed challenging the aforesaid order passed by the lower court.