( 1 ) THIS order shall dispose of the application filed by the defendants No. 1 and 6 under Order 9 Rule 7 for setting aside the ex parte order dated 9. 7. 1991.

( 2 ) THE plaintiff instituted the suit against the defendants seeking for partition of properties and possession of separate share of the plaintiff and rendition of accounts. The plaintiff and the defendants No. 1 to 4 are brothers and are sons of late Dr. Nihal Chand Jain who died on 30. 12. 1970. The defendant No. 5 was a minor at the time of the institution of the suit and, therefore, he was represented by his father, the natural guardian. The defendants appeared in the suit and filed written statements, contesting the statements made in the plaint. A joint written statement on behalf of defendants No. 5 and 6 was filed. Defendant No. 1 filed his own written statement. On the pleadings of the parties,issueswerealso framed. The dates of trial in the case were fixed from 1st May, 1991 to 3rd May, 1991 and 6th and 7th May, 1991. On 1st of May, 1991, at the request of the Counsel for the plaintiff, the suit was adjourned to2. 5. 1991 for recording of evidence. On 2. 5. 1991, it was reported by the Counsel for t