1. This is a defendant's (No. 1) appeal against a preliminary decree passed in a suit for partition of joint family properties. Before we enter into the question raised, we would indicate brief outline of the circumstances under which the present appeal arises.

2. One Raimohan Bhowmick, since deceased, who was a Hindu governed. by the Dayabhaga School of Hindu law died leaving him surviving the plaintiff Amiya Bhowmick whom he married for the second time after the death of his first wife, one son Sasanka bhowmick, defendant No. 1 and one maitrayee Debi, then a widow of his another son P. K. Bhowmick, since deceased. He also left considerable movable and immovable properties the widow Amiya Bhowmick instituted a suit for partition on or about 20th December, 1957 in respect of the properties both movable and immovable left by her husband against Sasankar and Maitrayee Debi. Her case briefly is that she along with the defendant no. 1 already obtained a successor certificate in respect of debts and securities mentioned in Schedule 'c' or the plaint but owing to the troubles created by defendant No. 1 it has become impossible for her to pay other debts or obtain mutation of nam