Aiok Kumar Basu, J. - (1.) This application under Article 227 of the Constitution is directed against the order dated 31.8.1998 passed in Civil Revision No. 2 of 1997 by the learned Additional District Judge, 1st Court, Balurghat, Dakshin Dinajpur.
(2.) Despite service of notice upon the opposite parties, nobody has appeared to represent the case of the opposite parties at the time of hearing. Let the affidavit of service filed on behalf of the petitioner be kept in the record.
(3.) There was a partition suit between the present petitioner and the opposite parties along with opposite party No. 5 who joined with the petitioner in the class of defendants in the Partition Suit No. 40 of 1985. The preliminary decree was passed in that partition suit whereby the petitioner as defendant got declaration of share to the tune of 3 annas 6 2/3 pai while the plaintiff-opposite parties got declaration of share to the tune of 12 Annas 5-1/3 pai and subsequently the decree was upheld by Appellate Court.;