P. C. MISRA, J.

( 1 ) THIS appeal under O. 43, R. 1 of the Civil P. C. (hereinafter referred to as the 'code') is directed against the order dated 19-8-1989 in M. J. C. No. 10/89 passed by the learned Subordinate Judge, Bherhanpur. The aforesaid miscellaneous proceeding under O. 39, Rr. 1 and 2 of the Code arises out of Title Suit No. 6/89 pending in the same Court praying for partition and separate allotment of the plaintiff's share in the suit schedule properties consisting of houses, moveables and bank accounts.

( 2 ) THE plaintiff in the aforesaid suit is the appellant in this appeal. Defendants 1 and 2 are his brothers and defendant No. 3 is the father of the plaintiff and defendants 1 and 2. Defendant No. 4 is a partnership firm having defendant No. 3 and his three sons as partners. Defendant No. 5 is the wife of defendant No. 2. Defendants 6, 7 and 8 are the Nationalised Banks where money has been deposited in the names of the partnership and other members of the family. In the suit the plaintiff has prayed for partition of his 1/4th share in the suit properties for a declaration that the partnership firm has been dissolved since 1-4-1976 and for rendition of accounts of th