- (1.) This writ petition arises out of the orders passed in the suit filed under S. 176 of U. P. Z. A. and L. R. Act (hereinafter referred to as 'the Act'.)
(2.) The facts in brief are that Vishwambhar Singh, the respondent No. 10, filed suit for partition of the holding in question under S. 176/178/182 of the Act. The summons were issued but as there was no contest in the suit, a preliminary decree was passed by the trial Court on 31-10-1974 declaring the shares of the parties. The petitioner did not file appeal against the said decree and that became final.
(3.) On 11-4-1978 the plaintiff filed an application for preparation of final decree before the trial Court in pursuance of the preliminary decree D/- 30-10-1974. The trial Court issued summons to all the defendants. The petitioners were served with this summons. The summons was also issued to Tej Singh, one of the defendants. The process server reported that Tej Singh is lunatic and his mother has received summons on his behalf. On 11-4-1979, the plaintiff moved an application to appoint Smt. Shiv Kali Devi, mother of Tej Singh as his guardian. It appears that the trial Court did not pass any specific order appointing Smt. Shiv Kali Devi, mother of Tej Singh as his guardian and further proceeded in the case and directed for preparation of the final decree. He directed to the lekhpal concerned to prepare lots for the purpose of preparation of final decree in accordance with the shares of the parties. The lekhpal submitted the lots. The trial court invited objections from the parties to the suit. The petitioners did not file any objections. The respondent No. 9 filed objection. The lots prepared by the lekhpal on 20-4-1979 were rejected on 23-8-1979 by the trial Court on the objection of respondent No. 9 and the Court further directed the lekhpal to submit fresh lots.;