MANOJ KUMAR MUKHERJEE, J.

( 1 ) GITA Banerjee, the predecessor-in-interest of the opposite parties, filed a partition suit (Title Suit No. 7/77) in the Third Court of the Subordinate Judge (Assistant District Judge), Howrah, against her sister, the petitioner herein, claiming a moiety share in the suit property. For non-appearance of the petitioner the suit was decreed ex parte in a preliminary form on January 18, 1978. On March 2, 1979 the petitioner, through her learned Advocate Sri Sachin Mukherjee, filed an application under O. 9, R. 13 of the Code of Civil Procedure ('code' for short) for setting aside the ex parte decree which was registered as Misc. Case No. 15 of 1979. On July 14, 1979 the petitioner filed another application through the said Advocate with a prayer for drawing up of another preliminary decree by setting aside the ex parte decree earlier passed after taking into consideration the fact that pursuant to a deed of settlement executed by their father on August 8, 1965 she and her sister were entitled to 2/3rd and 1/3rd share respectively in the suit property. On April 25, 1981 when the above Misc. Case was taken up for hearing the petitioner filed an applicatio

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