BONGU SRI RAMAMURTHY NAIDU Vs. BONGU SATYANARAYANA NAIDU

JUDGEMENT

(1.) This is an application for leave to appeal to the Federal Court against the judgment and decree of this Court in A.S. Nos. 240 and 414 of 1945.

(2.) The suit was one for partition. No less than fourteen issues were framed. One of the questions raised in the issues was whether the suit was maintainable in view of the allegation that there was a prior partition. The learned Subordinate Judge found that issue against the plaintiffs. He also considered some other issues; but with regard to issues 6 to 8, relating to the debts of the family, the F Schedule property, and the liabilities of the family, he gave no finding at all, directing that these matters might be determined by a commissioner in the course of execution. In appeal, this Court held that there had been no prior partition and that therefore the suit for partition was maintainable. This Court further held that it was wrong on the part of the learned Subordinate Judge not to have decided issues 6 to 8, on which evidence had been let in. The appeal was therefore allowed and the suit remanded for disposal after the learned Subordinate Judge had given findings on issues 6 to 8.

(3.) It is argued on these facts that the order of this Court was a final order, in that it determined the cardinal questions in issue in the suit and that the matters left open were of little importance. We are unable to accept this view.