Bhaskar Bhattacharya, J - (1.) This first appeal has preferred by defendant Nos. 4 and 7 of a partition suit and is directed against the final decree for partition passed by the learned Assistant District Judge, 7th Court, Alipore, in Title Suit No. 61 of 1980.
(2.) The original suit was filed by the plaintiff for partition of his 1/14th share in the suit property. It appears from the plaint that the subject matter of the suit was as follows : Schedule-A "About 30 decimals of land out of 71 decimals of land in Dag Numbers 277, 275, 741 and 743 under R.S. Khatian No. 99 within Mouza Sarkelat P.S. Behala in District of 24 Parganas with a pucca building and some shop rooms standing in a portion thereof. Schedule-B The sum of Rs. 48,000/- (Forty eight thousand) being the compensation money for the acquisition of about 30 decimals of land in the above Dags."
(3.) During the pendency of the aforesaid suit, the defendant No. 3 was transposed to the category of plaintiff, and became plaintiff No. 2 and ultimately the learned trial Judge by a judgment and decree dated March 7, 1983, was pleased to decree the said suit ex parte thereby declaring that each of the plaintiffs and the defendants had 1/14th share in the property described in schedules 'A' and 'B' to the plaint. By the said ex parte decree, parties were allowed, 2 months time to effect an amicable partition amongst themselves. In default, it was ordered, that the parties will be at liberty to apply for appointment of a partition Commissioner to affect partition.;