Raj Kishore Prasad, J.

1. This application in revision by the plaintiff is directed against an order passed on defendants" petition dated 26-8-54 simultaneously with and in the judgment itself, which the Court passed on 19-11-54, under issue No. 19 in Partition Suit 191 of 1950 and M. S. 14 of 1951, both of which were heard together by Mr. K. B. Verma, 1st Additional Subordinate Judge at Motihari.

2. This application raises an unusual question, which is of rare occurrence. The plaintiff brought two suits against the defendants. The first suit was a partition suit, which he brought against his brother, defendant 1, and his sons, for partition of his 8 annas interest in the properties, and for rendition of accounts.

The plaintiffs case was that he and the defendants remained joint till Bhado 1352 Rs., which corresponds to August, 1942, when they separated in mess, and some movables were divided, but some other movables remained joint, and the immovable properties were not partitioned and they remained joint. The plaintiffs further case was that ail the family documents concerning money-lending business, cultivation etc., remained with defendant 1, and he had realised various