9911796707
TMI Blog1961 (9) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... On receipt of the partition scheme from the revenue Court the learned Munsif passed another order sending back the papers to the Revenue Court for the preparation of a fresh partition scheme according to the amended decree. A fresh partition scheme was received from the Revenue Court but no notice of it was given to the defendant or his counsel, and the learned Munsif passed a final decree in terms of the fresh partition scheme on 13-8-1957. 3. An application was made by the defendant under Order 9, Rule 13, C.P.C. for the setting aside of the final ex parte decree, and the main contention was that the final decree having been prepared without notice should be set aside. This application was made on 20-ll-1957, that is about three month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so no provision in Section 54 or Order XX, Rule 18, C.P.C. or in the rules framed under the U.P. Z.A. and L.R. Act that a notice should go to the parties after the partition scheme is received; out all the same absence of such a provision does not give the Court a power to pass a final decree without notice to the parties. The argument of the continuation of the suit has also no bearing on the point Because after the passing of the preliminary decree the proceedings for final decree remained interrupted in the Court of the Munsif because papers were sent to the revenue Court for preparation of the partition scheme. On the principle of natural justice the parties should have been informed of the partition scheme and their objections invited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. There may not be any specific provision in law for giving notice for the preparation of a final decree, yet the principles of natural justice do require that such a notice should be given. A final decree which has been prepared without notice can always be set aside by means of an application under Order 9 Rule 13 because the final decree in that sense is an ex parte decree. Moreover, the court has also inherent jurisdiction to undo the wrong committed by it. 7. It was also contended that the case would fall under part II of Article 164 of the Limitation Act because according to the arguments of the learned counsel the expression Summons in that Article refers to summonses or notices which may be required to be issued before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nowledge of the decree. This contention of the learned counsel, therefore, cannot be accepted. As observed above, the final decree having been passed without any notice or information, the Court had ample inherent power to set it aside within thirty days of the date of knowledge. 8. The revision is allowed with costs and the orders passed by the Courts below are set aside as also the final decree passed in the case. The case is sent back to the trial Court with the direction that it shall be readmitted and the proceedings for final decree shall be reopened and then proceeded with according to law after giving opportunity to the parties to contest the partition scheme in the light of the observations made above. 9. Record of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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