( 1 ) IN this suit, a preliminary point has been taken on behalf of the defendant Nos. 1,3 and 4 as regards maintainability of the suit. Originally Mr. Deb, the learned Counsel for the said defendants had raised this preliminary point under the principle of Demurrer. But subsequently argument was advanced beyond this point, but on the issue of maintainability only. The primary arguments advanced by Mr. Deb in contesting the maintainability of the suit on the ground that this suit was in effect for partial partition, and hence not permissible under the law.

( 2 ) THE plaintiff instituted the present suit on 21st January, 1986 claiming inter alia, partition of a premises being numbered 9, Boys Own Library Row, as well as certain movable properties. The reliefs claimed in the suit included accounts for recovery of sums alleged to he due to the plaintiff in respect of the said premises, and in respect of two firms being run under the name and style of M/s. Chowdhury Printer and M/s. Dipti Industries, both located in the same premises. The written statement has been filed by the said defendants in which counter-claims were made for recovery of certain sums of money.