G. K. MISRA, J.

( 1 ) IN T. S. No. 122/56 in the Court of the Munsif, Bargarh a preliminary decree for partition was passed on 13-11-58 which was confirmed in T. A. No. 61 of 59 in the court of the Subordinate Judge of Sambalpur on 9-4-60. Concluding portion of the order dated 20-10-1962 in the final decree proceeding was to the following effect:

"in the result, the preliminary decree be made final. The report of the commissioner, traced map be made part of the final decree. The defendants are entitled to get Rs. 1. 700 from the plaintiff towards the mesne profits for the years 1957 to 1960. The final decree proceeding shall remain open till the mesne profits for the year 1961 is calculated. " it is thus manifest that the Court did not pass any order regarding costs in the judgment of the final decree proceeding. On the basis of the order dated 22-10-62 final decree was drawn up on 17-11-1902. The decree however contained a clause regarding payment of costs which was not in the judgment to the effect-"parties shall hear their own costs of the final decree in proportion to their share. The sum of Rs. 375. 03 np. be paid by the plaintiffs to the defendants the costs of the final dec