CHANDRA NARAIN JHA Vs. KRISHNA KUMAR JHA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This civil revision has been preferred, under Section 115 of the Code of Civil Procedure, against the order dated 05.11.2015, passed by the learned Additional District Judge-Vth, Samastipur in Miscellaneous Appeal No.17 of 2008.

(3.) The petitioners were defendants among other several defendants in Partition Suit No.285 of 1970. The copy of order sheet of the civil suit brought on the record as Annexure 2 to the supplementary affidavit would reveal that on 13.07.1972, the court recorded that notice on the defendants, except defendant Nos.21 and 22 were returned with remarks "Did not accept". The subsequent order reveals that only step for fresh service against defendant Nos.21 and 22 was taken and on 14.03.1973 the court passed following orders:-