Alfred Henry Lionel Leach, C.J.

1. This second appeal has been placed before this Full Bench as it raises the important question whether the Court in dealing with an appeal under Order 41, Rule 11 of the Code of Civil Procedure can direct that it be admitted in part only. The appeal arises out of a suit filed in the Court of the District Munsif of Nandalur for the partition of 72 items of property held in common by eight people. The first respondent in the appeal was the plaintiff. A decree for partition was granted by the District Munsif who gave his decision on the claims of the parties to the various items of property. The appellant and the third respondent appealed to the Subordinate Judge of Cuddapah. The Subordinate Judge set aside the allotments, of the District Munsif and made fresh allotments. The appellant was dissatisfied with the Subordinate Judges decision in so far as it related to items Nos. 29, 30, 31, 33, 37 and 38 of the properties and he filed the present appeal, which was placed before Gentle, J., on the question of admission. The learned Judge passed an order admitting the appeal only in respect of item No. 30.

2. In my opinion the learned Judge erred in