O'HARA, J.
This is an appeal of right by defendant husband from an order denying modification of a judgment of divorce.
The judgment was entered January 14, 1972. On April 26, 1972, appellant by counsel other than the attorney of record in the case in chief filed a petition to modify the judgment. The petition recites that:
"Defendant's petition is based on the attached affidavit and on facts to be presented to the court by a hearing wherein defendant...
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