( 1 ) THIS is an appeal by plaintiffs 1 and 2 in a suit for partition, and it is directed against an order, dated 8th July 1950, made by Sri P. N. Lahiri, Subordinate Judge, First Court, 24 Parganas, refusing the application of plaintiffs 1 and 2 under Section 3, Partition Act (Act no. 4 of 1893 ).

( 2 ) THE subject-matter of dispute is premises no. 25a, Harish Mukherjee Road, which is the dwelling house of the parties. A preliminary decree was passed on. 25th January 1949, holding that plaintiffs l, 2 and 3, and defendants l, 2 and 6 had one-seventh share each in the dwelling house, and defendants 3, 4 and 5 jointly had , one-seventh share.

( 3 ) AFTER the passing of the preliminary decree, the Court appointed a Commissioner for the purpose of ascertaining whether the dwelling house could be partitioned amongst the seven co-sharers. The Commissioner submitted a report stating that it was not possible to divide the dwelling house by metes and bounds into seven allotments. Some of the co-sharers' agreed to take a joint allotment before the Commissioner but two of them subsequently resiled from that position.

( 4 ) ON 14th January 1950, defendant 2 filed a petition wit