1. This appeal raises an interesting question under the Hindu Law which is as to the effect of a preliminary decree made in a suit for partition upon the status of the family being continued joint.

2. The few facts, which are relevant to this question, are these : A Hindu family consisted of one Rajaram and his wife Hirabai. He has six sons; (1) Parashuram, (2) Balaram, (3) Ramakrishna, (4) Laxmikant, (5) Shamsundra and (6) Ashotharam who were respectively the plaintiff, defendant No. 3, defendant No. 4, defendant No. 5, defendant No. 6 and defendant No. 7 in suit No. 29 of 1947. In that year, Parshuram filed the aforesaid suit to recover, by partition, possession of his 1/8th share in the property described in the plaint. This suit resulted in a preliminary decree on the 29th November 1949, the terms of which were as follows :

"Plaintiff do recover possession of 1/8th share in the properties found in inventory and that in Schedules B and C of plaint by partition by metes and bounds from defendants Nos. 1 to 2 and whatever other defendants that arc found to be in possession. Defendants Nos. 1 to 7 have each 1/8th share in the above properties. They may get their share parti