King, J.

1. This appeal raises the question of the interpretation of certain sections in the Marumakkathayam Act (XXII of 1933). The appellants in this appeal were defendants in a suit for partition filed under this Act by the plaintiff who represented one tavazhi of a tarwad in South Malabar. The suit was filed on the 23rd October, 1933. Prior to filing that suit, the plaintiff had received notice of an application made under Section 43 of the Act, to the Collector for the registration of the tarwad as impartible. While the suit was pending, the Collector did register the tarwad as impartible on the 15th January, 1934. The question which then arose before the learned District Munsiff who was trying the suit as whether the order of the Collector registering the tarwad as impartible rendered the suit incompetent. The District Munsiff held that it did so render it but upon appeal to the learned District Judge, the opposite view was taken and the Judge remanded the suit for disposal upon its merits. This is now an appeal by the defendants against that order of remand.

2. The disposal of the appeal turns essentially upon the true construction of Sub-section (4) of Section 43 of t