JUDGMENT

1. This is an application by Uma Charan Sett and Annoda Prosad Sett for a Certificate that this is a fit and proper case for appeal to the Judicial Committe of the Privy Council. The relationship of the parties appears in the judgment of my learned brother Mr. Justice Mookerjee. After stating that the appeal was by the first three defendants in a suit for partition and accounts of a joint family property, he went on to say; "The founder of the family was one Bhola Nath Sett who died in or about Agrahan 1284, that is, towards the end of the year 1877. He left three sons Uma Charan (defendant No. 1), Annoda (defendant No. 2) and Nogen who died in 1279, He also left a widow Nritya Moyi, who is the third defendant, The fourth defendant in the suit is Rajendra who is the son of the first defendant Uma Charan. The plaintiffs in the suit are Kauai and Jyotindra---the two sons of Nogen. The second plaintiff was, at the date of the institution of the suit and is even now, an infant represented by his mother Hari Priya."

2. The appellants to this Court were the first three defendants, Uma Charan, Annoda and Nritya Moyi, and they were represented by the same learned Vakil, Baba Ram Cha