G. K. MISRA, J.

( 1 ) DEFENDANT-JUDGMENT-DEBTOR is the petitioner. The opposite party decree-holder filed T. M. S. 46 of 1954 and obtained a preliminary mortgage decree for sale on 12-11-1955. An application for passing a final decree was filed on 8-1-1960. The. Court passed the final decree in the absence of the petitioner without noticing that the application was barred by limitation. In the final decree proceedings, the Court had directed issue of notice on the petitioner. Though she is a permanent resident of village Sabitrapur in the district of midnapur in West Bengal where she resided with her husband and though this address was given in the proceeding upto the passing of the preliminary decree, with a view to keep her in dark and preventing her from objecting to the application for passing of the final decree, which was barred by time, the opposite party took cut notices giving the address of the petitioner as village Parakhi in the district of Balasore, which is far off from Sabitrapur. The opposite party knew that the petitioner was not living at her father's house at Parakhi, which was in the forcible occupation of one Ramprosad Mandal, an agnate of her father, with who