A. K. BHATTACHARJI, J.

( 1 ) THIS revisional application is directed against an order of the Assistant District Judge, fifth court, Alipore by which he ordered the striking out of certain properties from the schedule to the plaint of a partition suit. The facts of the case may be succinctly stated as follows.

( 2 ) THE original plaintiff one Paresh Nath Basu instituted a partition suit against his brother Naresh Chandra Basu, Naresh's son and wife Ramendra Nath Basu and Amala Basu and the plaintiff's mother Sarojini Basu for partition of their undivided properties mentioned in the different schedules to the plaint. The suit was decreed in part by the lower court in the preliminary form. On appeal the first Appellate Court allowed the appear in part and decreed the suit in a preliminary form. The plaintiff got a decree For partition in respect of 5/12th share in the 'ka', a. nd 'ja' schedule properties and half share in respect of 'kha', 'ga', 'gha', 'uma' and 'catha' schedule properties. The plaintiff's claim for partition in respect of 'cha' schedule properties was disallowed. On a second appeal being preferred before the High Court, the said court dismissed the appeal and endor

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