ORDER.-This revision petition is against the dismissal of an application which is really one under Order 20, rule 18, Civil Procedure Code, though incorrectly stated as one under Order 20, rule, 12 Civil Procedure Code. The revision petitioner is the plaintiff in O. S. No. 98 of 1967 on the file of the lower Court, in a suit for partition and separate possession. There was a preliminary d.ecree for partition on 16th August, 1969. Later there were final decree proceedings during which the revision petitioner filed an application purporting to be under Order 20, rule 12, and section 151, Civil Procedure Code for ascertainment of profits from the suit properties and for allotment of a share therein to him. It appears that according to the case of the revision petitioner the suit properties were in the possession of the respondent (defendant in the suit) and that therefore the defendant was bound to render an account in respect of the profits from the date of suit up to the date of the final decree. The Court below has passed a final decree on 17th September, 1970 but the profits claimed by the revision petitioner had not been ascertained and the same had not been incorporated in the f

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