Alfred Henry Lionel Leach, C.J.

1. The petitioner filed a suit in the Court of the District Munsiff of Dharmapuri for the taking of accounts of a partnership. A preliminary decree was passed on the 9th of October, 1933 and the District Munsiff appointed a Commissioner to take the accounts. The plaint contained no-allegation of irregularity or fraud, but during the taking of the accounts the petitioner wished to urge that certain transactions had been suppressed by the respondent and consequently asked that these matters should be inquired into. On objection being raised to this course the petitioner applied to the Court for an order directing the Commissioner to inquire into the alleged irregularities. By an order dated the 10th of February, 1934, the District Munsiff held that it was beyond the province of the Commissioner or the Court to embark on an inquiry into these allegations. He considered that it was then too late. The petitioner had had an opportunity of inspecting the accounts and as no objection had been raised before the passing of the preliminary decree the petitioner must be deemed to have waived all objections. The petitioner thereupon applied to this Court f