( 1 ) THE plaintiff-appellant had filed a suit in 1930 for partition of joint family properties belonging to the plaintiff and his brother, defendant No. 1. A preliminary decree was passed by the learned Subordinate Judge, Murshidabad, on the 27-3-1933. Such of the properties as were found to be joint were directed to be partitioned by metes and bounds into two equal shares, one to be allotted to the plaintiff and the other to his brother, defenant No. 1. Defendant No. 1 Shyamapada was held to be liable to render accounts to the plainr tiff Tarapada for a certain specified period. If Shyamapada failed to render accounts within one month from the date of the decree a commissioner was to be appointed to take accounts in the light of the findings and observations contained in the judgment. Against this decree, an appeal (Appeal from Original Decree No. 185 of 1933) was taken to the High Court and a cross-objection was also filed. During the pendency of that appeal, a Receiver was appointed under the direction of this Court. The plaintiff also deposited Rs. 400/- in the Trial Court for meeting the commissioner's costs for partition and accounts. On the 2-1-1935, a joint