RENUPADA MUKHERJEE, J.

( 1 ) THIS appeal arises out of a suit for partition. The suit was instituted by the plaintiffs-respondents who claimed one-sixth share in the properties in suit and alleged that the remaining share was owned amongst the defendants in different shares. It was admitted by both the parties that the original defendant 1, Debendra Mondal, who died during the pendency of this suit in the trial Court had eight annas share in the disputed properties. His sister's son who was a minor named Haradhan Ghose was substituted in his place.

( 2 ) THE suit was contested in the trial Court by deceased Debendra Mondal and defendants 2 and 3 their main contention being that the suit was bad for partial partition. It was also contended by them that the representation of minor Haradnan Ghose was not made in accordance with law. Some other objections were also raised by the contesting defendants in the trial Court with which we are not concerned in the present appeal. All these contentions were negatived by the trial Court and a preliminary decree for partition was made. Thereafter an appeal was preferred before the lower appellate Court by defendants 2 and 3, but their appeal w

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