VENKATARAMA AIYAR, J. :- C.M.A. No.210 of 1946 :- This is an appeal by the plaintiff against the judgment and order in I.A.No.18 of 1945 in O.S.No.91 of 1941 on the file of the Court of the Subordinate Judge of Devakottah, setting aside an award. O.S.No.91 of 1941 is a suit for partition instituted by the appellant against his brother defendant 1 and his sons, defendants 2 to 5. The parties belong to Nattukottai Chettiar community and the family is an affluent one having extensive money lending business in Burma. Chidambaram Chettiar the father of the plaintiff and defendant 1 died on 20-8-1926 and at that time the plaintiff was an infant aged about six years, ha having been born on 26-9-1920. The 1st defendant who was already associated with his father in the conduct of the business became the manager of the joint family and was in charge of its affairs. On 6-9-1941, the plaintiff sent a notice to defendant 1 calling upon him to effect a division and to render accounts. The demand not having been complied with, the plaintiff instituted the present suit for partition on 24-9-1941.

2. According to the plaint the assets of the family consisted of immovable properties in Briti