MT RUKMIN KUER Vs. MTRAM PIARI

JUDGEMENT

(1.) This is an application for civil revision under Section 115, Civil P. C, 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 Mt. Ram Pyari defendant in the Court of the Munsif, West Allahabad, on 8 April 1927 under Order 47, Rule 1, 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: Defendant 1 or her pleader or defendant 2, her son, was not at all given any information of the preparation of the decree absolute, nor did the Amin send any notice regarding measurement. Neither any information of the receipt of the Amin's report was given, nor was any information on 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 unsavoury 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.