Yahya Ali, J.-This petition was filed by defendants 1 and 3 to 9 for leave to appeal to His Majesty in Council against the judgment and decree of this Court in Appeal No. 410 of 1944. It is opposed principally by the first and second respondents, who were the plaintiff and the second defendant respectively. The first objection is that the case does not fulfil the requirements of section no of the Code of Civil Procedure as regards the amount or value of the subject-matter in dispute in the appeal. The second ground is that the decree is one of affirmance and the appeal does not involve a question of law and consequently is not a fit case for appeal to the Privy Council. The petitioners contend that the value is above the statutory minimum and that the decree is one of variance and not of affirmance.

The first and second defendants are brothers and the plaintiff is the son of the second defendant. Third and fourth defendants are the sons of the first defendant, and defendants 5 to 9 are the sons of the third defendant. Thus defendants 1 and 3 to 9 represent one branch of the family while the second defendant and the plaintiff represent the other branch. They constituted a joint Hindu

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