R. BHATTACHARYA, J.

( 1 ) THIS revisional application has been filed by the defendant of the original suit against an order passed by the learned Munsif on 25-3-1974 rejecting the petitioner's application under Section 4 of the Partition Act. The opposite party is opposing the application.

( 2 ) THE opposite party Jitendra Nath Karamkar filed a suit for partition against the petitioner Mohiuddin Molla and others. There has been a preliminary decree for partition. Thereafter when poceedings were going on for final decree, the petitioner Mohiuddin filed a petition under Section 4 of the Partition Act. The plaintiff opposed and the learned Munsif found that the entire suit property was not the dwelling house of the defendant's family. It has also been held by the learned Munsif that as previously a petition was filed on similar ground and since it was rejected, the subsequent application under Section 4 of the Partition Act was not maintainable. On these grounds the defendant's petition was rejected. Against that order the petitioner has come up before this Court challenging the propriety and validity of the said order.

( 3 ) I have heard Mr. Roy Chowdhury appearing on behalf of the

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