JUDGMENT :- This first miscellaneous appeal arises out of a judgment and order of remand passed by the 14th Additional District Judge, Alipore, South-24 Paraganas, Calcutta. A very interesting and important question of law is germane for the purpose of due consideration by this Court.

2. A suit has been instituted by the respondent/plaintiff in the Court of first instance for the purpose of administration, accounts and various other consequential relief in connection thereto. The reliefs as prayed in the suit are as follows :

(a) For due administration of the estate of the deceased fully described in the Schedule A and B to the plaint;

(b) For allotment of the A Schedule property in the share of the plaintiff as a legatee under the 1st Will and Testament of the deceased, Smt. Bijali Prova Basu and in respect of which probate has been obtained by the defendant, granted by the Ld. 3rd Court of the Addl. District Judge, at Alipore in O.S. No. 2 of 1977;

(c) For accounting in respect of the income and expenditure of the estate of the deceased, in the hand of the defendant, as an executor and also as administrator pendente lite;

(d) For a decree for Rs. 5,000/- which the plaintiff