( 1 ) THIS Rule was issued upon an application under Section 5 of Limitation Act praying for condonation of delay that is thought to have occurred in filing a memorandum of appeal in this Court which was filed on 24th of December 1969.

( 2 ) THE appeal is directed against a decree passed by the 3rd Court of Subordinate Judge at Alipore in Title Suit No. 7_5 of 1956. The suit was one for partition. At the stage after the preliminary decree had been passed and the Commissioner for Partition had submitted his report, the objections to the Commissioner's report was disposed of by the learned Subordinate Judge on 24th December 1968 and the Commissioner's report was accepted. It was then ordered by Order No. 138 dated 24-12-68 that the preliminary decree be made final with subsequent costs. Commissioner's report, plan and the Field Book be made part of the final decree.

( 3 ) THEREAFTER two applications for amendment of the plaint were made and by Order No. 154 dated 10-5-69 the learned Subordinate Judge rejected those applications saying in the order:"now that the final decree of partition passed, the Court has no jurisdiction to open up the decree at this stage on the present petitio

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