S.N.Srivastava, J. - (1.) The writ petition is directed against the order dated 31.5.1986 allowing the revision and reversing the order passed by (rial court dated 28.9.1985.
(2.) The opposite party No. 2 Ram Narain filed a Suit No. 798 of 1982 for partition of his 1/3rd share on the ground that after death of his father, all the three brothers have got equal share. The suit was decreed ex parte on 3.4.1982.
(3.) An application filed by the defendant (present petitioner) on 22.9.1984 for recalling ex parte decree under Order IX, Rule 13 of the C.P.C., was allowed and ex parte decree was set aside by the order dated 28.9.1985 on the ground that no notice was served to the defendant.;