CHATURBHUJA NAIK Vs. CHANDRAMOHAN NAIK

JUDGEMENT

(1.) DEFENDANT No. 7 is the petitioner in this civil revision.

(2.) HE was set ex parte in a suit for partition when a preliminary decree was passed in which the shares were carved out in respect of the properties mentioned in the schedule of the plaint. No appeal was preferred by him against the preliminary decree. Before initiating the final decree proceeding, plaintiff liled an application for amendment of the plaint under Order 6, Rule V, CPC, and correction of the judgment and decree Under Sections 151 and 152, C P. C. to incorporate and add some properties which were not mentioned in the plaint. The trial Court allowed the applications permitting the plaint by order dated 10 -11 -1980 without any notice to defendant No. 7 and the other defendants against whom the ex parte decree was passed. In the same order, the judgment and the decree were also directed to be corrected. After getting the notice in the final decree proceeding, the petitioner came to know of the amendment of the plaint and correction of the judgment and preliminary decree and filed the application for recalling the order passed without giving him an opportunity of being heard.

(3.) ORDER 43, Rule 1 -A, CPC, reads as follows :