PRASANNA KUMAR KOLEY Vs. BISWANATH KOLEY

JUDGEMENT

(1.) The defendants in a suit for partition have preferred the instant appeal against the ex parte final decree of partition passed therein.

(2.) The learned trial Judge, in the preliminary decree, declared the shares of the parties, which has not been challenged. Subsequently, allegedly without notice to the defendants, the Partition Commissioner, appointed by the trial court behind the back of the defendants, conducted the commission work and filed his final report. It is contended that the Partition Commissioner was never examined, nor was any opportunity of examining the Partition Commissioner afforded to the present defendants/appellants.

(3.) Learned counsel appearing for the appellants places reliance on Order No. 88 dated March 8, 2018 passed in the suit, whereby the Partition Commissioner was directed to give notice to both sides before holding the commission work.