Mack, J.- The appellants are 13 members of a Marumakkathayam family who filed a suit for partition against the first defendant as karnavan and three other family members, defendants 2 to 4.

The facts necessary for determination of this appeal are briefly these: The first defendant was an old man aged 80 at the time of the plaint and would now be 86 years old. The position he took in his written statement was that he had lived away from the tarwad house for the past 35 years and that the tarwad affairs were mostly managed by the first and fifth plaintiffs and that he was not bound to render any account of the management into which he did not enter. The previous karnavan was the father-in-law of the first plaintiff and was also the first defendant’s elder brother. He died in 1945. The learned Subordinate Judge granted the plaintiffs a preliminary decree with findings resolving the various points of dispute.

The first point raised in the appeal is as regards the share of the 13th plaintiff, a male child born to his mother, the sixth plaintiff, on 2nd September, 1948. He -was in his mother’s womb on 16th June, 1948, the date of suit, and was, after he was born, impleaded as a supplementa

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