PANIGRAHI, C. J.

( 1 ) THIS is a petition under Section 115, Civil P. C. , calling in question the correctness of an, order passed by the Munsif, Berhampur, in Title Suit No. 224 of 1945. That suit was filed by opposite parties 1 to 4 for partition and separate possession of certain properties belonging to the plaintiff and the defendants. A preliminary decree was passed for partition of the suit properties. A claim put in by the plaintiff to have an account taken of the collections made by the defendant-petitioner out of the fishery is still pending. A commissioner has been appointed to go into the account and his report is awaited. The plaintiff made an application to the court for ascertaining the mesne profits in respect of the share allotted to him from the date of institution of the suit, and the learned Munsif, by his order dated 20-9-1952, which is now under challenge, directed the commissioner to ascertain the mesne profits from the date of institution upto the date of the order. The plaintiff's application was filed under Order 20, Rule 12 and Rule 151, Civil P. C. The defendants objected to the jurisdiction of the court to entertain such an application after the passing