( 1 ) THIS is an application for addition of a party in a partition suit and a very interesting point of law on the Hindu Succession Act, 1956 has been canvassed.

( 2 ) THE suit in which the present application is made is a suit for partition of the estate left by Sashi Bhusan Roy Chowdhury, who died intestate in 1922, leaving him surviving Indu Bhusan, a son by his pre-deceased wife, and a second wife and three sons by her. We are not concerned in this application about the second wife and her sons. Indu Bhusan died in 1946, leaving him surviving his widow Sarajubala, a son Ramani Bhusan and a daughter Bidyutlata. The present suit for partition was instituted on 24-7-1953. On 10-2-1956, a preliminary decree for partition was passed by me, declaring the shares of the parties and appointing a Commissioner of Partition to work out the preliminary decree. The preliminary decree declares Sarajubala's share In the joint properties to be that of a Hindu widow as prescribed by Hindu Law and directs that the share to be allotted to her be held by her as a Hindu widow during her natural life. On 17-6-1956, the Hindu Succession Act came into force. The point raised by Mr. Somna