C.V. KARTHIKEYAN, J.

1. The second appeal had come up for admission and the second appeal was admitted and notice was ordered. However, the substantial questions of law were not formulated.

2. After hearing the learned counsel for the appellant, the following substantial question of law is formulated:

"When the preliminary decree provides allotment of proportionate road frontage, can the Court which passes final decree overlook the same and pass final decree?"

3. Heard Mr.Srikumaran Nair, learned counsel for the appellant and Mr.P.Selvaraj, learned counsel for the respondent.

4. The plaintiff is the appellant before this Court. The plaintiff had filed a suit O.S.No.600 of 1979 which came up for consideration before the Additional District Munsif Court, Kulithurai. The Additional District Munsif Court, after hearing both sides, granted decree of partition. Aggrieved by the same, A.S.No.106 of 1987 was filed before the Sub Court, Kulithurai. The Sub Court, Kulithurai also dismissed the applications and confirmed the order passed by the learned Additional District Munsif Court, Kulithurai.

5. The parties were provided with two plans during the final decree proceedings, by the Commis