JUDGMENT.-The first defendant in a partition action aggrieved by an order made by the District Munsif of Tirukoilur under Order 20, rule 12, Code of Civil Procedure, for the determination of mesne profits in the main suit, has come up to this Court. It is common ground that a preliminary decree for partition was passed on 24th July, 1961. But the matter was taken up further to the first and the second appellate Courts and ultimately by a decree of this Court dated 26th September, 1967 the judgment of the trial Court was upheld. In the preliminary decree, it is conceded that there was a direction regarding the ascertainment of mesne profits as provided for under Order 20, rule 12, Code of Civil Procedure. But when the matter was pursued further for obtaining a final decree and when indeed a final decree was secured by the party,no provision was made therein for the determination of the mesne profits in accordance with law. The final decree was passed on 14th August, 1968. This was silent about such determination of mesne profits. The properties were, however, delivered by the first defendant acting in pursuance of Court proceedings, on 11th July, 1970. The first defendant, however,

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