Allotment of a Share in respect how of non contested defendant
As defendant no.17 never contested the suit nor prayer for any share, her entitlement in the joint suit land could not be decided. Consequently, she did not get any share declared in the joint property in the preliminary; decree. So the order of the appellate Court for allotment ol a share to her and/ or other defendants beyond the terms of preliminary decree is wholly misconceive and baseless and arbitrary.
A. Ali Sheikh & Anr Vs. K Ali Sheikh & Ors. 11 BLT (HCD)-444.