SUBOL CHANDRA PAUL Vs. NEMAI PAUL

JUDGEMENT

(1.) This application under Art. 227 of the Constitution of India is directed against an order rejecting the application of the defendants/petitioners under Sections 151/152/153 of the Code of Civil Procedure for correction of certain arithmetical errors appearing in the final decree in the partition Suit.

(2.) The defendants are the petitioners before this Court in this application under Art. 227 of the Constitution of India.

(3.) The suit was decreed in preliminary form on 15th Dec., 1994. In the said preliminary decree, the share of the plaintiff Nos. 1 to 7 was declared to the extent of 7/9th share in the property measuring about .0587 decimals of land. The share of the defendants/petitioners was declared to the extent of 2/9th share in the said property. After passing of the preliminary decree, a Commissioner of partition was appointed in the said suit who after holding necessary inquiry at the suit premises submitted a report showing allocation of the parties in terms of the preliminary decree of the said partition Suit.