MUSAMMAT RUKMIN KUER Vs. MUSAMMAT RAM PIARI

JUDGEMENT

(1.) This is an application for civil revision under Section 115 of the Code of Civil Procedure and has been made by the plaintiff in the action under the following circumstances: A suit for partition having been instituted, a preliminary decree was passed upon a compromise. This was followed by a final decree. A Civil Court Amin was deputed to make a partition of the house property. He carried out the order, prepared lots and assigned one portion of the house to the plaintiff and another portion; to the defendant. An application was presented by Musammat Ram, Piari defendant in the Court of the Munsif, West Allahabad, On the 8 of April, 1927 under Order XLVII, Rule 1 of the Civil P. C. in which she asked for a review of judgment, inter alia, on the ground that after the passing of the preliminary decree "the defendant No. 1 or her Pleader or defendant No. 2, her goo, was not at all given any information of like preparation of the decree absolute, nor did the Amin send any notice regarding measurement. Neither any information of the receipt of the Amin B report was given, nor was any information of the drawing of lots given. Narain Das, the husband of the plaintiff, got all the proceedings taken in collusion with the Amin."

(2.) The application was hotly contested and the record teems with applications and counter applications which illustrate the rancour and hatred entertained by one party for the other and it. is painful to have to wade through the long and unsavory catalogue of mutual recriminations.

(3.) The learned Munsif made a local inspection. He was convinced of the truth of the petition. He was of opinion that the lots as formed by the Amin were unequal. He held, therefore, that there were sufficient grounds for review and granted the review accordingly.