M. JAGANNADHA RAO, J.

( 1 ) THE 7th defendant in the suit is the petitioner in this review petition. He remained ex-parte in the trial Court in 0 S No. 110/71. The suit was tried by the learned Subordinate Judge, kovvur. The suit was one for possession of immovable property and for mesne profits from 1970-71. By its judgment dated 27-2-1976 the trial Court decreed the suit against defendants 1 to 6 for recovery of possession of half of the plaint schedule property and for partition of the same and for past and future profits. The suit was dismissed against the petitioner 7th defendant.

( 2 ) AN appeal A S No. 947 of 78 was preferred by the plaintiff to this court. In the said appeal preferred by the plaintiff the 7th defendant was impleaded as the 6th respondent and notice was dispensed with under the provisions of Order 41. Rule 14, C P C. as amended in Madras and adopted in andhra Pradesh, At the time when the appeal was heard by me the 7th defendant was treated as a person to whom further notice need not be issued in this appeal, in view of the special procedure laid down in the Civil Procedure Code as amended in Madras and in Andhra pradesh. After hearing the learned counsel for

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