JUDGMENT

Mukerji, J. - This appeal has arisen out of a suit which was instituted for partition of certain homestead lands, to a one third share in which the plaintiffs had been declared entitled to in a previous suit between the parties. The trial Court made a preliminary decree for partition declaring the plaintiffs' right to get a one-third share in the lands and directing the appointment of a commissioner to effect the partition by metes and bounds. On an appeal being preferred by the defendants the Subordinate Judge discharged the preliminary decree aforesaid and ordered

that as the defendants are willing to buy the plaintiff' share and to pay a reasonable price of the land in suit, a value of the plaintiff' share would be made by a commissioner by a local inquiry unless the price be agreed to by the parties, and that share of the plaintiffs would be sold to the defendants u/s 4, Partition Act.

2. The plaintiffs then appealed to this Court The decree of the Subordinate Judge was made on 31st March 1925, and the appeal was preferred to this Court on 29th June 1925. The record of the suit, however, arrived in the Court of first instance on 13th May 1925, and notwithstanding that or