( 1 ) THIS appeal has been REFERRED TO to a Division banch because the litigation between the parties has been pending since 1919 and the controversy being only in connection with partition, it was considered to promote the cause of justice, to conclude it by the decision of a Division Bench in the very first instance.

( 2 ) THE respondents have raised a prolimiary objection that the appeal is barred by time. The facts relevant for considering this objection may now be stated. The order appealed from was passed on 20th January, 1967 in execution proceedings relating to the execution of the partition decree and was made on the objection of Smt. Shakun tala Devi, appellant in this Court,. Her objections, needless to emphasise, were dismissed. The appeal was presented in this Court on 17th March, 1967 without a certified copy of the order sought to be appealed from. Along with the memorandum of appeal, an application was presented under Rule 2 (b) of Chapter 1 A, Vol. V of the High Court Rules and orders and section 151 of the Code of Civil Procedure, in which it was expressly averred that the appellant had applied for a certified copy of the order dated 20th January, 1967 ag