JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. Challenge in this appeal is to the order dated 21/12/2021 passed by the 8th Additional District Judge, Raipur, in Civil Suit No.27A/2019, whereby an ex-parte decree for possession and partition was allowed. The plaintiff/respondent filed a suit for partition and the pleading show the claims were routed through a WILL in the initial plaint. The plaintiff claimed for 1/3rd share in respect of the suit property and possession was also claimed for. After notice the order-sheet of the Court below would show that time was sought for to file written statement by the appellant and eventually on 27/11/2019 since no appearance was made they were proceeded ex-parte. Subsequent, thereto the plaintiff/respondent amended the plaint and instead of 1/3rd share, half of the share was claimed and further money claim was also made. The said amendment was allowed and accordingly the prayer was amended. Subsequent to first amendment another amendment was also incorporated. So both the substantial amendments were carried out while the defendant appellant was ex-parte. Thereafter, the ex-parte judgment and decree was passed.

2. Learned counsel for the appellant would s