MT AJAZI BEGAM Vs. MTLATIFAN

JUDGEMENT

(1.) The facts relating to this appeal are as follows: One Ajazi Begam, who purchased a certain portion of the interest inherited in a house by one Ahmad Khan, brought a suit for partition against Ahmad Khan and his two sisters, Latifan and Fatma. A preliminary decree was passed, and it was followed by a final decree. After the final decree had been made the three defendants put in an application before the original Court asking that the ex parte decrees might be set aside on the ground that the defendants had no notice of the suit. The learned Munsif dismissed the application. The defendants filed an appeal. The appeal was allowed on the ground that after the preliminary decree for partition and before the final decree for partition was made, a fresh notice ought to have been issued to the defendants. In so holding" the learned Subordinate Judge professed to follow a ruling of this Court. In the result the learned appellate Judge set aside the order dismissing the application of the defendants and directed the Munsif to issue a fresh notice to the defendants and to take up the case at the stage preceding the preliminary decree.

(2.) It is against this order that this appeal has been directed.

(3.) A preliminary point is taken by Mr. Binod Bihari, the learned Counsel for the respondents, that no appeal lies.