Mungeshwar Sahoo, J.

1. This first appeal is directed against the Judgment and final decree dated 6th July. 1985 passed by the learned 5th Additional Subordinate Judge, Patna, in Title Suit No. 119 of 1962/2 of 1965. The plaintiffs suit for partition was decreed and according to the preliminary decree final decree was prepared, sealed and signed. The defendants first set have filed this appeal.

2. The learned Senior Counsel appearing on behalf of the appellants raised three points and submitted that on these grounds alone the main decree and judgment confirming the pleader commissioners report is liable to be set aside.

3. The first point raised by the learned Senior Counsel is that the Advocate Commissioners report on which the judgment has been based is without jurisdiction as the Court after appointing Advocate Commissioner did not issue notices to the defendants/appellants which is mandatory according to the requirement under Order XXVI Rule 18 of the C.P.C. In support of his contention the learned counsel relied upon a decision reported in A.I.R. 1962 Patna 211 (Smt. Mandera Mukherjee V/s. Sachindra Mukherjee and Ors.). The learned counsel with the help of this decisi