The order of the Court below appears to be clearly wrong. The first appellant who was the plaintiff-alienee of the properties comprised in Schedule 1 to the plaint sued for partition and separate possession thereof, impleading the two sons of the late Chokkalinga Nadar and his two widows as well as some alienees. A preliminary decree for partition was passed on 26th November, 1954, by compromise. The application for passing a final decree was made on 30th July, 1960 and 8th December, 1960. The Subordinate Judge took the view that the application was out of time and dismissed it. Curiously he also dismissed the suit.

The reason for the order of the Court below is based on clause 3 of the preliminary decree which is:

“3. That the parties shall be at liberty to apply for final decree but since the subject-matter of the several items of properties which are in the possession of various defendants herein is also the subject-matter of the two appeals against the decrees of this Court in O.S. No. 149 of 1951 and O.S. No. 74 of 1952 pending before the High Court, the parties shall apply for a final decree after the result of the said two appeals and that if the two appeals are