CHUNDER, J. :- This is an appeal against an order of the Subordinate Judge of Burdwan in a suit for partition.

2. It appears that there were four brothers Bidhusekhar, Adyanath, Akul Nath and Kali Nath. It was alleged in the partition suit that Akul Nath and Kali Nath separated and Bidhusekhar and Adyanath were joint in property, Adyanaths widow Bhuban Mohini sued the heirs of Bidhusekhar, who was then dead, for a partition of the joint properties. It was numbered as partition Suit No. 252 of 1931 and was filed on 21st February 1931. The suit was dismissed on 5th April 1933 and on an appeal being taken to this Court, being Appeal No. 148 of 1933, a preliminary decree was passed for partition by this Court on 8th June 1936. It appears that no further steps were taken towards the final decree in the Subordinate Judges Court and the Subordinate Judge consigned the record to the record room by his order dated 10th December 1936. It appears that Bhuban Mohini died on 6th November 1943. At the time of her death, it is said that Kali Nath was dead and Akul Nath was the sole surviving reversioner. It appears that Akul Nath did not get himself substituted in the partition suit nor d