JITENDRA MOHAN SHARMA, J.:–The instant miscellaneous appeal has been filed by the appellants for setting aside the order dated 27.02.1991 passed in Miscellaneous Case No. 69 of 1988 whereby and whereunder the learned Sub-Judge I, Patna dismissed the miscellaneous case on the ground that the appellants having fully knowledge of Title Partition Suit No. 134 of 19789 allowed the suit to be decreed ex-parte and further holding that miscellaneous case was hopelessly time barred.

2. The First Appeal No. 425 of 1991 has been filed by the appellants against the ex-parte order, dated 13.05.1982, passed in Title Suit No. 134 of 1979, whereby and whereunder the suit was decreed ex-parte and the plaintiff was declared entitle for 1/6th share.

3. To appreciate the facts it is necessary to deal with the factual matrix of Title Partition Suit No. 134 of 1979 which was filed by the plaintiff for carving out his 1/6th share in the suit property on 21.04.1979 and it was ordered to put up the same with Shiresthedar Report. Some defect was pointed out by the Shiresthedar and for removal, 2-3 dates were given to the plaintiff and, on 5.11.1979, after removal of defect, the said suit was admitted and summ

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