ORDER :

1. The facts in brief requiring for adjudication to the issue involved in the present writ petition are that the respondents/plaintiffs Jagmal Singh & others filed a suit in the Court of learned Sub Divisional Officer, Jhunjhunu, for partition in the ratio of 1/3 and 2/3 of the land bearing Khasra No.9/2 measuring 3 bigha 10 biswa, khasra No.13/1 measuring 102 bigha 10 biswa and khasra No.163 measuring 8 bigha 1 biswa situated at Village Farat, Tehsil Chirawa, District Jhunjhunu. On 30.08.1988 ex-parte proceeding were ordered against the petitioner defendants and the matter was fixed for the evidence of the plaintiffs. The Court of Assistant Collector, Chirawa (for short ‘the trial court’) after taking into consideration the plaintiffs evidence passed an ex-parte judgment and preliminary decree on 05.09.1988.

In the revenue suit it was averred that the plaintiffs and the defendants were belonging to the same family. The dispute was in regard to their ancestral property and both the parties were in continuous possession of the same from the time of their ancestors. It was stated that Ganpat and Chandra Ram were elders in the family and as such they were Karta thereof. During t