Y. B. Suryavanshi, J.-

1. The appellants have preferred this appeal against the orders dated 27-6-86 passed by Second Addl. Judge to the Court of District Judge, Jabalpur, in M.J.C. No.16 of 84 whereby their application, dated 16-2-84. purporting to be under order 9, rule 13 CPC for setting aside the exparte final decree in Civil Suit No. 14-A/81 was dismissed.

2. A perusel of the record and the submissions by the learned counsel on both sides echo the clattar of the warring parties in this civil litigation which originated in the year 1952. It seems to be a two generations suit yet the controversies vertically or horizontally are going on.

3. One S. S. Sahiblal, the father of respondents 1 to 4 filed a civil suit No. 12-A/52 in the Court of First A.D.J., Jabalpur for partition and separate possession of his share against the respondents 5 to 8 and the appellants. During the pendency of proceedings, Sahiblal died, and respondents 1 to 4 were brought on record as LRs. The trial Court passed a prelimininary decree on 29-7-55 declaring the shares of certain parties. The High Court in F. A. No. 139/55 modified the decree and also taking into consideration the fact of Smt. Khilonabai