Alfred Henry Lionel Leach, C.J.

1. These two appeals arise out of an order passed by the Additional Subordinate Judge of Coimbatore on the 23rd November, 1942. No. 269 of 1943 is an appeal against the order itself. No. 213 of 1943 it against the deceree which followed the order and has been filed by the appellant ex abundanti cautela. For reasons which we shall state both the appeals must be dismissed.

2. The appellant is the seventh defendant in a suit for partition of joint family property. The plaintiff is the first respondent. There are altogether fifteen defendants, but only defendants 1 to 8 are really concerned with the suit. The plaint was filed on the 22nd Novemb3r, 1940. In 1942 a settlement was contemplated and in order that it might be brought about, the Court granted several adjournments. On the 31st August, 1942, it was reported that the seventh defendant had consented to settle matters" and at his request the case was adjourned until the 7th September, 1942. After the two further adjournments, it was reported to the Court that Sir R.K. Shanmugham Chettiar was "settling the matter". On the 5th September, 1942, the plaintiff and defendants 1 to 8 had in writing a