A preliminary objection is raised by Mr. Muthiah Mudaliar who appears for the contesting respondent that the order of the lower Court is not appealable; and in order to appreciate the point raised by the learned counsel it is necessary to set forth a few facts.

Original Suit No. 71 of 1947 on the file.of the Court of the Subordinate Judge, Vellore, is a suit by one Ekambari Ammal, daughter of one Lokanatha Mudaliar, for partition and recovery of possession of her share in the properties which belonged to her father. . Defendants 1 to 3 are the surviving brothers of Lokanatha Mudaliar, and the fourth defendant, Manikkammal, is a sister of the plaintiff and a daughter of Lokanatha Mudaliar. According to the plaintiff, it was stated that before the death of Lokanatha Mudaliar there was a division in status of the joint family properties between Lokanatha, Mudaliar and his three brothers but that there was no separation by metes and bounds and the property remained joint on that score. The plaintiff therefore stated that in the properties which were the joint family properties, Lokanatha Mudaliar had a one-fourth share and plaintiff as one of the two daughters of Lokan