JUDGMENT

Panckridge, J. - This application is made in a family partition suit which was instituted in 1929. The parties agreed to terms of settlement on 13th February 1930. In pursuance of those terms, an order was made on 28th July 1930, that Mr. J.M. Ghose, Barrister-at-law, should be appointed Special Referee to take the accounts and should also be appointed Commissioner of Partition. The order proceeded to give the commissioner liberty to examine witnesses upon oath or solemn affirmation, and to take depositions in writing and return the same with the commission. The order further directed the Special Referee to report whether or not there were any fluid assets belonging to the joint estate in the hands of the defendant which ought to be invested. The Special Referee entered upon the reference both as to accounts generally, and as to the fluid assets specified in the order. I understand that the evidence with regard to the fluid assets is now complete, but the reference, so far as it concerns the accounts generally, has not been concluded, and at the moment there is a witness of the defendant named Surajmull Kesriwal, who is still under examination.

2. It appears that, while the