B.P.JHA, J.

1. Defendant No.2 has preferred an appeal under O. XLIII, R.1(d) of the Civil P.C. against an order dated 7th July, 1973, passed by the Subordinate Judge, Sasaram.

2. In the present case the plaintiffs filed a suit for partitioning the suit properties. Plaintiff No.1 and his sons claimed one-fifth share in the suit properties. Ram Prasad Seth (defendant No.1) had three sons, namely, plaintiff No.1 and defendants Nos.2 and 3. Defendant No.7 was the wife of defendant No.1 and mother of plaintiff No.1 and defendants 2 and 3. It appears from the order sheet dated 11th Apr. 1969 of the trial Judge that summons and notices were served in respect of the suit on the defendants. It also appears from the order sheet dated 28th Jan. 1969, that defendant No.1 (the father) and defendant No.7 (the mother of plaintiff No.1 and defendants 2 and 3) appeared through Shri Janki Raman Sharma, Advocate. In spite of service of summons defendant No.2 did not appear to prosecute the suit. The suit was heard ex parte on 20th Nov. 1969. PW Sardar Satya Narain Singh was examined. He heard argument of the plaintiffs on 20th Nov. 1969, and directed to put up the case for orders on 21st Nov.