Judgment

BEG, J.:- This is an appeal by one of the defendants in a partition suit. It has come up before us after certification of the case under the unamended provisions of Article 133 as the decree of the Trial Court was modified, so that the requirements of Order 45 Rule 7 of the Civil Procedure Code had been fulfilled. Learned Counsel for the appellant (defendant No. 4 transposed on 5-11-51 as plaintiff No. 4) has confined his argument to liability of Rs. 42550/10/1 which resulted after the accounts which the appellant had to render on behalf of his branch of the family. The pedigree of the family is as follows:

2. A preliminary decree for partition was passed on 12th December, 1942, in the following terms:

"This suit coming on this day for final disposal in the presence of Shri M. Purushotham Naidu, advocate for the plaintiff, of Shri P. Lakshminarayana, pleader for the second defendant, of Shri T. Sreeramamurthi, advocate for fifth defendant, and of Shri B. Subba Rao, pleader for defendants 6 and 7, and defendants 3 and 4, appearing in person and defendants 1 and 8, being reported dead, this Court doth order and direct as follows:

(i) That the properties in plaint Schedules A and