NAGO VISWAKARMA Vs. SABITRI DEVI

JUDGEMENT

(1.) THE impugned order dated 16. 10. 1993 passed by Subordinate judge-Ill, Ranchi, in Partition Suit No. 144 of 1981 relates to substitution of Smt. Sabitri Devi (opposite party no. 1) in place of original defendant no. 7, Smt. Anar Devi.

(2.) ONE Sukul Biswakarma husband of plaintiff no. 1 Parwati Devi and Ganesh Viswakarma filed the aforementioned Partition suit No. 144 of 1981 against the defendants-opposite parties for partition of the suit properties situated at Old Gurdri, 2nd street, Ranchi, within Municipal Ward No. V, holding No. 329, Plot No. 206 measuring an area of 0. 54 decimal. The suit was contested by the parties. Ultimately the suit was decreed in terms of the reliefs claimed therein and the defendant no. 7 Anar Devi was held to be entitled for 1/5th share in the suit properties. A preliminary decree was prepared on 8. 4. 1993.

(3.) THE defendants-opposite parties filed First Appeal No. 59 of 1983 (R) before this Court against that preliminary decree but the same was ultimately dismissed by judgment dated 4. 4. 1991 by a Single Judge of this Court and the suit proceeded before the court below for preparation of final decree as per allotment of shares declared in the preliminary decree.