THOMAS P. JOSEPH, J.

1. The scope of enquiry by the appellate court in an appeal arising from ajudgment and decree passed exparte is raised for a decision in this SecondAppeal.

2. Respondent sued the appellants, her mother and brother forpartition and separate possession ofthe share claimed by herin the suitproperty which originally belonged to the late Joseph, her father. Appellantsresisted the suit and raised a counter claim contending that respondent wassent in marriage giving her share in the family property andthereafter,appellants effected partition of the suit property as per document No.2669 of 2006. The prayer in the counter claim is for a declaration that the said partitiondeed is valid and for other reliefs. The case came up for trial on 23.10.2009.That day, appellants and counsel remained absent. Appellants were set exparte.Respondent produced Exts.A1 to A3 and on the strength of those documentsand the affidavit filed by her, a preliminary decree for partition was passed. Thecounter claim was dismissed. Appellants filed I.A.Nos.1189 and 1190 of 2009 toset aside the exparte decree and to condone the delay in filing the application.Those applications were dismiss