JUDGMENT

B.B. Ghose, J. - A preliminary objection has been taken on behalf of the plaintiffs-respondents that this appeal is incompetent. The appeal is against the preliminary decree passed on a mortgage, dated the 24th January 1924. The final decree was made on 28th February 1924. The appeal against the preliminary decree was filed on 27th May 1924. It is, therefore, contended that having regard to some of the cases decided in this Court, this appeal is incompetent. Personally I am of opinion that the cases which have been decided after the passing of the CPC of 1908 have not laid down the correct rule. Under this Code, a preliminary decree has an independent existence and by the appeal against the final decree one cannot attack the preliminary decree. The case was different under the old Code. What is now a preliminary decree was supposed to be a preliminary order and the final decree was held to absorb that order and by an appeal against the final decree that order might have been challenged. It was, therefore, held under the old Code that after the passing of the final decree in the case, the preliminary order had no separate existence, and, therefore, the appeal against that or