HAMIDAN Vs. REYASAT ALI

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 9th August, 1983 passed by the IVth Additional Subordinate Judge, Ranch! in Partition Suit No. 13/17 of 1978 -82 by which the respondent Nos. 1 (a) to 1 (d) 5 counter claim has been allowed ex parte while dismissing the plaintiffs -appellants' suit for partition.

(2.) A short point is involved in this First Appeal. Plaintiffs filed the suit being Partition Suit No. 13/17 of 1978 -82 for getting partition of their 14 Annas Share in the Municipal Survey Plot No. 1701 having Municipal Holding No. 825 New and 1255 old situated in Ward No. III within the Ranchi Municipality. The description of the property in detail were given in the Schedule B of the plaint. In the plaint, the title of the plaintiffs added with their predecessor has been traced out. I am not going into those matters of tracing out of title etc. as the matter is only in respect of counter claim being allowed by the impugned judgment.

(3.) IT appears from the impugned judgment and also from the order -sheet of the Court below that the plaintiffs did not pursue their suit henceforth and contesting defendants had adduced evidence in support of their claims made in the written statement and those evidence were recorded ex parte and on the basis of that ex parte evidence by the impugned judgment and decree the learned Court below has allowed the defendants' counter claim and dismissed the plaintiffs' suit for partition.