LAKHBINDER SINGH Vs. MAHINDER SINGH

JUDGEMENT

(1.) In these applications under Article 227 of the Constitution of India challenge has been thrown by the petitioner to the order impugned dated 5th March, 2005 passed by the Ld. 7th Additional District Court at Alipore in Civil Revisional Application No. 97 of 2003 reversing the order dated 17th August, 2002 passed by the Ld. 4th Civil Court (Senior Division) at Alipore in Misc. Case No. 29 of 1996.

(2.) From the record it emerges that the present Opposite Party No.1 (for short OP1)as plaintiff instituted a suit for partition and accounts against the present petitioner as defendant before the Ld. 4th Assistant District Court at Alipore being Title Suit No. 74 of 1981. The suit was instituted in respect of the properties acquired by their predecessor-in- interest, one Sher Singh.

(3.) The suit was decreed ex parte in preliminary from by judgment and decree dated 12th June, 1995. The final decree of partition was passed ex-parte on 12th January, 1996.