LAW FOR ALL

decree was ex parte and no contest was raised against the Commissioner’s report, it is no ground to disallow the objections by the defendant with regard to equities and valuation of the property and allotment of the shares. Therefore, the decree of the court below suffers from infirmity and is liable to be set aside. the Appeal is allowed and the matter is remanded to the lower court for disposal afresh according to law. The court below is directed to give an opportunity to both parties for raising their objections with regard to Commissioner’s Report and keeping in view the valuation and the equities, pass necessary orders within three (3) months from the date of receipt of copy of this judgment.