ORDER :- This is a defendants revision directed against an appellate order passed by the 2nd Additional District Judge, Ghazipur affirming an order of the Civil Judge dated 14-9-1971 directing an enquiry into the question of mesne profits at the stage of the preparation of the final decree in a partition suit.

2. The plaintiff filed a suit for partition. A preliminary decree was passed In his favour. Under that decree, he was granted a half share in the properties in dispute. In the proceedings for preparation of the final decree, the plaintiff claimed that he was entitled to his share of the profits accruing on the properties in respect of which he had been granted a decree. The plaintiff alleged that he had been ousted from possession of those properties, and the defendant had been realising the profits thereof, hence he was liable to render accounts in respect of them, and the plaintiff was entitled to a decree for his share of profits in the same. An objection was raised by the defendant that a claim for mesne profits could not be made at the stage of the preparation of the final decree. The trial court rejected that objection and held that it was open to the court to consider t

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