JUDGMENT :- This appeal is directed against the decision of the Additional Civil Judge, Mainpuri. The material facts for the decision of this appeal are as follows. On 22nd March, 1955 the plaintiff filed the suit against the defendant and Gram Sabha concerned for partition of certain agricultural plots of land under Section 176 of the U.P. Zamindari Abolition and Land Reforms Act in the Court of Munsif Mainpuri. A preliminary decree was passed in the suit on 4th March, 1957. Lots were thereafter prepared by the Revenue Authorities concerned on 16th June, 1958. Thereafter a final decree was ordered to be drawn up on 19th November, 1959, and it was actually drawn up on 10th February, 1961. The decree-holder filed an execution petition for possession and it appears that possession was delivered to him in pursuance of the final decree so passed. An application was thereupon filed under Section 47, Civil Procedure Code by Puttu Lal judgment-debtor, inter alia, contending that the final decree passed by the Civil Court was a nullity inasmuch as the Civil Court had no jurisdiction on 19th November, 1959, to pass such a decree in the matter. It was, therefore, pleaded that the decree was

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