I.D.Dua, J.

(1) THIS is plaintiffs appeal with certificate from the judgment and decree, dated 4/08/1958, of the High court of Judicature at Madras allowing the appeal of defendant No. 1 (in the trial court) from the judgment and decree, dated 27/02/1954, passed in the plaintiffs suit for partition of family property and for dissolution of family partnenhip and accounts by the Additional Sobordinate Judge, Vellore.

(2) THE suit was instituted in March, 1934. It is unnecessary to refer to the chequered career of the suit. Suffice it to say that the trial court passed the preliminary decree in December, 1939. This decree directed, inter alia, that the accounts be taken of the assets and liabilities of the business of Dada Mian & Sons carred on by the plaintiff and the defendants from November, 1925 till the date of the suit, i. e. 27/03/1934. Broadly, the form of this order had in fact been settled with consent of the parties before the appellate court and the case had been remanded to the trial court for partition and division of the property and for delivery of possession. The trial court, however, made a detailed decree specifying the shares of the part