THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 1561 of 2011 ORDER: The revision is filed against the order dated 22.03.2011 in I.A.No.174 of 2011 in O.S.No.593 of 2006 dismissing an application under Order IX Rule 7 of the Civil Procedure Code, 1908 to set aside the ex parte order passed against the petitioner on 28.02.2007. The petitioner herein is the 10th defendant in the suit in O.S.No.593 of 2006, which was filed for partition of the property by the plaintiff against his brother, the 1st defendant and sisters and others. The present petitioner is said to be one of the sisters. It appears that the right to partition of all the heirs of the mother is not in dispute, but it was pleaded before the lower Court that the petitioner herein has accepted for partition of the properties between the plaintiff and 1st defendant and consequently affidavits were filed by defendants 2 to 12 admitting the right of partition. It is to be noted that the present claim of the petitioner is that she has no knowledge of the above suit and the authenticity of the affidavits are also disputed. The lower Court finding is that the petitioner has got knowledge and also there was service of notice, found that no liberal view can be taken into consideration, particularly relying on the affidavits. Evidently, the order of the lower Court shows that a three storeyed building worth crores of rupees is involved in the suit for partition. Therefore, when the petitioner has given any no-objection affidavit naturally the reasons for giving such an affidavit and giving up of the share in the property should be clear. Furthermore, in suits the filing of an affidavit informing the Court that they have no objection for partition cannot be taken into consideration since either a party can remain ex parte or file a written statement admitting the claim of the parties and giving up the rights in the property. Therefore, reliance on the affidavits, which was seriously disputed by the petitioner, cannot be taken into consideration. Evidently, the suit is at the stage of trial and is said to have reached the stage of arguments. Therefore, instead of going for further litigation between the parties and the rights in immovable property are involved, it is a fit case where an opportunity should be given to the petitioner to establish her rights. Therefore, the order passed by the lower Court, which is not based on evidence and which is based on disputed affidavits, cannot be sustained and though there are latches on the part of the petitioner the rights in immovable property cannot be denied to her, is she is really entitled to and in view of the above circumstances the ex parte order dated 28.02.2007 is set aside on condition of payment of costs of Rs.3,000/- (Rupees three thousand only) to the plaintiff and filing of the written statement along with the same within four weeks. Thereafter the trial of the suit shall be concluded within three months by the lower Court. Accordingly, the Civil Revision Petition is allowed. The costs of Rs.3,000/- is paid to the learned counsel for the 2nd respondent/plaintiff and the lower Court is directed that the written statement is to be taken on file. No costs. ________________________ N.R.L. NAGESWARA RAO, J Date: 29-07-2011 Note: Issue cc in 2 days B/o MR. THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO C.R.P.No. 1561 of 2011 29-07-2011 MR