A.R. Navkar, J.

1. This is an appeal against the order and decree dated 4-12-1979, passed by the Fourth Additional District Judge, Gwalior, in Civil Misc. Case No. 7 of 1919, which was preferred against the ex-parte Judgment and decree dated 12-2-1979, passed by the Fourth Additional District Judge, Gwalior in Case No. 13-A of 1977 Civil Original.

2. The facts of the case are that the respondent filed a civil suit bearing No 13-A of 1977 in the Court of the Fourth Additional District Judge, Gwalior for partition of Joint Hindu Femily property situaled at Mainawali Gali, Lashkar, against eight sharers, wherein the plaintiff alleges to have 1/4th share, During the pendency of the suit, the defendant, Shivkailash, husband of appellant No. 1 and father of appellant No. 2 and respondent Nos. 9 to 14, died and they were brought on record as his legal representatives. Except the heirs of late Shivkailash, none of the other respondent-defendants has filed any written statement in the original civil suit That is (sic) legal representatives of Shivkailash are the contesting defendants.

3. In Original Civil Suit, 25-10-1978 was fitted for evidence, on 25-10 1978, Counsel of Smt. Girjadevi,