The courts below have concurrently refused to set aside the ex-parte final decree in a suit for partition. The courts below have noticed that the second defendant who is one of the applicants was very much present at the time of inspection by the Advocate Commissioner in the final decree proceedings. The courts below have also disbelieved the version of defendants 2 to 4 that the third defendant ( who was not alloted a share) was entrusted with the task of prosecuting the suit. The delay of 1081 days in seeking to set aside the ex-parte final decree has not been explained and the courts below were justified in refusing to re-open the decree.
There is no error of jurisdiction in the order impugned.
The Civil Revision Petition fails and is dismissed.
V.CHITAMBARESH JUDGE DCS