1. This C.M. Appeal is by the defendants 6 to 8 against an order of the court below refusing their application to set aside the preliminary decree for partition passed exparte as against them.

2. The suit was for partition among the members of a Nambudiri Illom comprising the plaintiffs 1 and 2 and the defendants 1 to 9 and of which the 1st defendant was the karnavan. The 4th defendant is the wife of the 1st plaintiff. The 5th defendant is the wife of the 2nd defendant and defendants 3 to 9 are their children. The suit was laid on 20-9-1950 for partition by metes and bounds of the 2/11 share of the plaintiffs 1 and 2. The 1st defendant filed written statement admitting the plaintiffs' claim and agreeing to the division. The contentions of the other defendants though raised separately by the defendants 2 and 3 on the one hand and defendants 5 to 9 on the other were more or less the same, that is to say, in denial of the 2nd plaintiff's share because she had been married after notice calling for partition issued to the 1st defendant by the defendants 2, 3 and 5 to 9. The defendants 6 to 9 who were all minors at date of suit were represented by the 5th defendant, their moth