JUDGMENT :- This second appeal filed by the defendants in O. S. No. 4 of 1963, arises put of the final decree proceedings. The suit was filed by the plaintiff-respondents herein for partition and separate possession of their 23/48th share in the plaint A schedule properties. That suit was decreed on 31-7-1964. Neither the plaintiffs have prayed for past or future mesne profits in the plaint nor the preliminary decree directed an enquiry into the mesne profits under Order 20, Rule 12, Civil P. C. The plaintiffs filed I.A. 124 of 1966 for partition of the immovable properties and separate possession as directed in the preliminary decree. They also filed IA 205 of 1966 for determination of mesne profits for the suit items from fasli 1372 onwards and to incorporate the same in the final decree. The dispute in these proceedings related to the jurisdiction of the Court to go into the question of mesne profits in the absence of a prayer in the suit either for past or future mesne profits and in the absence of even a direction by the Court in the preliminary decree to enquire into the mesne profits under Order 20, Rule 12, Civil P. C. The defendants also questioned the quantum of mesne pro

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