1. BIJAYESH Mukherji, J. : this is an appeal by Kanailal Mondal, the sole defendant in a suit for partition and accounting, which was raised on August 5, 1952, by his younger brother Dhirendra Nath Mondal, now the sole respondent before us, and which a learned subordinate Judge, 24-Paraganas, decreed in a preliminary form on September 12, 1959.

2. THE grievence of the appellant is that the preliminary decree so entered docs not include the joint family properties comprising a house and three specified sums of money set out below :

1. The house at 1/4/e Kashi nath Datta Road, Cossiporc. 2. A sum of Rs. 2,799. 25 paise in the savings account of Lloyds Bank left by the father of both, Lalit Mohan Mondal, who died on December 10, 1950.

A sum of Rs, 205,82 paise or thereabouts (Rs. 205-13as.-3 pics in terms of the old currency) similarly left in deposit by their deceased father in the savings account of the united Bank of India, Kidderpore branch.

3. A sum of Rs. 212. 25 paise lying deposit with the authorities of the Orphangunge Market at Kidder pore. Mr. Dev, the learned advocate appearing for the appellant, has addressed us only on this point and on no other.

3. The Cossipore