( 1 ) A preliminary objection has been taken by Mr. Roy on behalf of respondent No. 3 that this appeal is not maintainable. In my opinion, the objection ought to prevail.

( 2 ) THE appeal is against an order of Mallick, J. , dated 19-3-1957, whereby he allowed respondent No. 3, Sm. Suprova Dutta, to amend her written statement in a Partition Suit to which she had been added as a party some time after its institution. The appellant, who is another of the defendants in the Partition Suit, contended before the learned trial Judge that the amendment ought not to be allowed and, having failed with his objection there, has now appealed.

( 3 ) THE subject-matter of the Partition Suit is the estate left by one Jogendra Lal Dutt, who died intestate on 21-10-1926, without leaving any will. He left him surviving five sons, namely, Jitendra, Rabindra, Narendra, Nripendra and Upendra as also his widow, Sm. Narayan Kumari. Nripendra died childless and intestate some time in 1930 and Narayan Kumari died intestate in 1939. In 1953, Jitendra filed a suit against his three surviving brothers for partition of the joint estate and set out in a schedule to the plaint the prope