1. By these applications, the legal heirs of the deceased defendant no.2
seeks directions for setting aside of the preliminary decree for partition
passed in terms of the judgment dated 5.10.2016 of a learned Single Judge
of this Court.
2. The judgment passed by a learned Single Judge of this Court on
5.10.2016 notes that from 31.8.2016 no one appeared for the defendants.
Defendant nos. 2 and 3 had filed their separate written statements. Issues
were framed in the suit on 10.3.2010 whereafter plaintiff led evidence and
plaintiff’s witness was being cross examined and at which stage the
defendants stopped appearing. The non-appearance of the defendants,
especially the defendant no.2 through whom the applicant claims, is since
31.8.2016 and thereafter on 16.9.2016 and till 5.10.2016 when the judgment
was passed passing a preliminary decree declaring the plaintiff, LRs of
defendant no.1, defendant no.2 and defendant no.3 to each have 1/4 th share
in the property bearing no.33, North-West Avenue Road, West Punjabi
Source: Indian Kanoon