SANDHYA GHOSH Vs. ALOKE DAS

JUDGEMENT

(1.) In this revision petition, the assail is to the order dated September 30, 2004 passed by the learned Additional District Judge, 1st Court, II, Sealdah in Miscellaneous Appeal No. 108 of 2000 by which the order passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah dated August 22, 2000 passed in Miscellaneous Case No. 48 of 1999 is affirmed.

(2.) Being aggrieved by and dissatisfied with the order passed by the First Appellate Court, the present petitioners have filed this application under Article 227 of the Constitution of India.

(3.) Filtering the unnecessary details, the facts which are requisite to be frescoed for the purpose of disposal of the present revision petitions are that-the opposite parties filed a Title Suit Being No. 312 of 1986 against the present petitioners before the Trial Court with a prayer for getting a decree for declaration that they are entitled to 63/200 shares in respect of the case property and for partition of the suit property by metes and bounds according to their shares. After getting summon the petitioner no. 2 entered appearance in that suit and filed written statement denying the averments as made out in the plaint. The said suit was heard ex-parte and a preliminary decree for partition was passed on September 7, 1998. The petitioners after coming to note of the said decree filed an application under Order IX Rule 13 of CPC in the Trial Court which was registered as Miscellaneous Case No. 48 of 1999 inter alia praying for setting aside the said ex-parte decree of partition.