B.N.Jha, J.

1. In the partition suit filed by the plaintiffs-respondents, the Court below has passed a decree in the following terms:-

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"It is accordingly ordered that the suit be decreed on contest with costs against defendant No. 4 and ex parte with rests against the other defendants in terms of the compromise petition filed on 25-7-62. Pleaders fee at the minimum contested scale. Let the compromise dated 25-7-62 be recorded and the suit be decreed in terms thereof. The final decree shall be drawn up on the taking of the necessary steps by the parties. So far as the balance area of suit properties, that is 10.221/4 acres of land which is not covered by the compromise petition filed on 25-7-62 is concerned, the suit is decreed preliminarily without costs, and a preliminary decree shall be drawn up for the same. The final decree for the same shall be drawn up on the taking of the necessary steps by the parties. The cost of the final decree shall be borne by the parties according to their proportionate shares."

Defendant No. 4 and his minor sons defendants 11 to 14 under the guardianship of their father Mathura Singh (appellant No. 1) have filed the appeal.

2 Mr. L.K. Choud