ORDER :

1. The instant petition under Article 227 of the Constitution of India directed is against the order dated 16.07.2022 passed by the Additional Munsif-VIII, Giridih in Civil Misc. Case No. 04 of 2020, whereby and whereunder, the petition filed under Order IX Rule 13 of CPC praying therein to set aside the ex-parte decree dated 17.06.1993 passed in Partition Suit No. 204 of 1991 has been sought to be quashed.

2. The aforesaid order dated 16.07.2022 has been challenged on the ground that the petition filed under Order IX Rule 13 of CPC is after the lapse of the period of 27 years and although the said petition was coupled with the application under Section 5 of the Limitation Act but the learned Court while allowing has issued notice as to why the decree dated 17.06.1993 passed in Partition Suit No. 204 of 1991 be not quashed and set aside by condoning the delay but without issuing notice on the issue of limitation.

3. The brief facts of the case as per the pleading made in the petition which requires to be enumerated, reads as under:

The original plaintiff, namely, Devi Mahto, filed a Partition Suit No.204 of 1991 against the defendants in the court of Munsif, Giridih praying the