In a suit for partition, more than one final decree can be passed, one for partition and separate possession of properties and the other for profits.

( 1 ) THE short question that falls for consideration in this Civil Miscellaneous appeal directed against the order in I. A. No. 2245/72 in O. S. No. 21/67 on the file of the Subordinate Judge, Tenali is:"whether in a suit for partition, once a final decree directing division of properties by metes and bounds is made another final decree for profits could be made in an application for ascertainment of profits filed afler the final decree for partition?"the appellant herein is the plaintiff in O. S. 21/67 on the file ofthe Subordinate Judge, Tenali, a suit for partition and separate possession of the plaintiff s share of properties and for ascertainment of profits. A preliminary decree for partition was passed in that suit on 30 7-1972 which directed partition of the plaintiff s half share in the plaint A,b,c. schedule properties and ascertainment of profits from the date of suit till the date of partition and payment of her share.

( 2 ) THE plaintiff filed LA. 2117/71- for appointment of a Commissioner to divide the properties in accordance with the directions in the preliminary decree and for passing a final decree. After the submission of the Commissioner s report, the plaintiff filed LA. 2176/72 for passing a final decree as per that report. A final decree was accordingly made on 7-10-1972. The plaintiff thereafter filed LA. 2245/72 on 3-11-1972 for appointment of a Commissioner to ascertain profits.

( 3 ) THE defendants opposed this petition inter-alia on the ground that once a final decree for partition is passed and properties are allotted to the decree-holders, no petition for ascertainment of properties lies thereafter and is maintainable. That objection was upheld by the lower court and the application was dismissed as not maintainable. This appeal is directed against that order. From the above narration of the admitted facts, it is clear that:- (i) the preliminary decree contained a direction not only for partition and separate possession of the plaintiff s share of the plaint schedule properties but also for ascertainment of profits and payment of the plaintiff s share of the profits and (ii) that a petition for ascertainment of profits was filed after the application for partition of the lands by metes and bounds was enquired into and a final decree was made in that behalf oa 7-10 1972. The question therefore is whethes such a petition is maintainable. Sub-section (2) of Section 2 of the Code of civil-Procedure defines. a decree as under:-"2 (2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 47 or Section 144, but shall not include- (a) any adjudication from which an appeal lies as an appeal form an order, or (b) any order of dismissal for default explanation: A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final. "

( 4 ) FROM the definition of the "decree" read along with the explanation, it would be seen that where after a decree is made, further proceedings have to be taken before the suit could be completely disposed of, such a decree is preliminary But where an adjudication by the Court completely disposes of the suit, that decree is final. The Code also envisages decrees partly preliminary and partly final. It is silent on the question whether more than one preliminary or final decree could be made. Basically keeping this definition of decree in \ iew, if we judge the adjudications in the present suit, there can be little doubt that the decree made in O. S. No. 21/67 on the file of the Subordinate judge, Te