JUDGMENT

1. On the 31st March 1905, the Plaintiff commenced the action out of which the present appeal arises, for partition of properties moveable and immoveable, which he alleged, were jointly owned and possessed by a joint Hindu family of which he and the Defendants were the members. A Court-fee of Rs. 10 was paid upon the plaint and the suit was instituted in the Court of the Subordinate Judge of Shahabad. It was subsequently transferred by the District Judge to his own file and some evidence was taken by him, but again it was retransferred to the file of the Subordinate Judge, before whom the remainder of the evidence was adduced by the parties without any objection. After the close of the case, however, the Defendants objected that the District Judge had no power to retransfer the case to the Subordinate Judge, and that the latter, consequently, had no jurisdiction to hear it. The Subordinate Judge overruled this objection, and made the usual preliminary decree for partition. The Defendants then appealed to this Court, and repeated their objection as to jurisdiction. This objection was allowed to prevail [Ramcharittar Ray v. Bidhata Ray 10 C. W. N. 902 (1906)]. The decree of t