LALLAN DHOBI Vs. LALCHANDRA AND ANOTHER

JUDGEMENT

(1.) Heard Mrs. Swati Agrawal, for the petitioner and Sri Kamlesh Narayan Pandey, for respondent-1.

(2.) This petition has been filed for setting aside the orders of Additional Civil Judge (J.D.) dated 17.10.2015, setting aside exparte decree dated 05.12.1998 and restoring O.S. No. 616 of 1995 to its original number and District Judge dated 30.01.2016 dismissing revision of the petitioner, filed against aforesaid order.

(3.) Shyama Dhobi (father of the petitioner) filed a suit (registered as Suit No. 616 of 1995), on 03.08.1995, for partition of his 1/2 share in the house along with its sahan, impleading Gulabchandra and Lalchandra as the defendants. The plaintiff alleged that his father Phoolchandra was earlier married to Lakshminia, from whom he was born. Later on he married to Bhagminia, from whom Gulabchandra and Lalchandra, the defendants were born. Agricultural land were privately partitioned between them, twenty years ago, in which the plaintiff was given 1/2 share and the defendants jointly were given 1/2 share. However, house and sahan are still joint between the parties due to which difficulties have been realized by them in its use and repairs.