ORDER :- This petition has been filed by the 8th respondent in the appeal to transpose him as the 3rd appellant in the second appeal.

2. Plaintiffs 3 and 4 in O.S. 545 of 1966 on the file of the District Munsif, Salem, are the appellants in the second appeal. The father of the appellants herein as the sole plaintiff filed the suit for partition and separate possession of his one-third share in the suit properties. His case was that his grandfather Rajulier and his wife Kasturi Bai Ammal had executed a settlement deed Ex. B1 dated 1-3-1937, that as per that settlement, he is entitled to a third share in the suit properties, that Rajulier and his wife had executed another settlement deed, Ex. B11, dated 12-5-1944 giving the suit properties not only to the sons of the first wife of his father, Krishna Iyer, but also to the children of his second wife, the first defendant that Rajulier and his wife had no power to alter the provisions made in the earlier settlement deed Ex. B1 dated 1-3-1937, and that, therefore, the plaintiff is entitled to seek partition on the basis of the settlement deed dated 1-3-1937 ignoring the later settlement deed dated 12-5-1944. The suit was resiste