( 1 ) IN a suit for partition bearing Civil Suit No. 23 of 1964 the learned civil Judge (Senior Division),. Junagadh by his judgment and order dated 28. 2. 1966 passed preliminary decree in terms of following order: "it is hereby declared, ordered and decreed that the below mentioned properties are liable to be partitioned between the parties and the plaintiffs get 11/20 share in those properties and the rest goes to the defendants: (1) Three houses mentioned and described at items Nos. 1, 2 and 3 of the list attached with the plaint; (2) One piece of agricultural land measuring 1 and 1/2 Bighas and described at item No. 4 of the aforesaid list; (3) The surplus amount, if any, from rs. 3,000/- the sale proceeds of the agricultural land sold by the defendant No. 1 and mentioned at Item No. 5 of the list, after taking accounts of the same from him; (4) The moveable properties stated and described in the inventory, ex. 129 and the household kit and domestic articles in custody and possession of the plaintiffs; (5) The Yajmans as referred to in the yajmanvriti books of the family of the parties; (6) The surplus amount, if any, from the sale proceeds Rs. 2200/- of cattle sold by the defendant No. 1 and mentioned at item No. 10 of the list after taking accounts of the same from him. Shri C. B. Doshi, an advocate of this court is appointed as a Commissioner to take inspection and make partition of the aforesaid properties except one piece of agricultural land referred to at item No. 2 of this order. As" regards the aforesaid piece, of agricultural land, a reference shall be made to the Collector, Junagadh for effecting partition thereof amongst the parties in their above specified shares. The plaintiffs to deposit into court Rs. 500/- in the first instance for the expenses and remuneration of the Commissioner within three weeks from the date of this order and the learned Commissioner shall submit his report on or before 31. 3. 1966. The Collector, junagadh be also requested to submit his report on or before 31. 3. 1966 the defendants Nos. 1 and 2 will bear their own costs as well as the costs of the plaintiffs in this suit. The defendants Nos. 3 (1), (2 ). (3) and No. 4 are ex parte and as such, no order as to their costs. "

( 2 ) THE above judgment and preliminary decree were taken in First Appeal No. 138 of 1966 before this court and a Division Bench of this court (Coram : M. P. Thakkar and A. N. Surti, JJ.- per M. P. Thakkar, J. as his Lordship then was by judgment daed 24. 10. 1972 modified the aforesaid preliminary-decree in following terms.-"the learned counsel for the appellants has, however, objected to the directions given by the trial court, in clauses (3), (5) and (6) of the order. With regard to clause (3), it has been directed that the appellants shall render accounts of the sale proceeds of an agricultural land sold when appellant no. 1 was managing the affairs as a karta. No fraud has been alleged by the plaintiffs. Under the circumstances, it is argued by the learned counsel for the appellants that this direction should not have been given for learned counsel for the respondents-plaintiffs has conceded that this direction cannot be supported. We accordingly set aside this direction. Turning now to clause (5 ). the learned trial Judge has directed that the Yajmans whose names are mentioned in the ancestral book shall be allotted to the respective parties by way of partition, it is a strange direction. The Yajmans cannot be assigned to any of the 12 parties wihout consulting their wishes. Surely the Yajmans cannot be considered, to be a joint family property. Realizing the strange nature of the direction given by the trial court, the learned counsel for the respondents conceded that the said direction also may be set aside. We accordingly direct that the direction contained in clause (5) be set aside. Under the circumstances, the decree passed by the trial court must be confirmed in all other respects. W