JUDGMENT

Henry Richards, C.J. - This appeal arises out of a suit for partition. On the 26th of April 1912 the Court of first instance made a preliminary decree for partition. On the 12th of June 1912 the defendants filed an appeal. On the 28th of June the first Court, notwithstanding that an appeal, against the preliminary decree was pending, made a final decree on the lines of its preliminary decree. On the 18th of April 1913 the appeal against the preliminary decree came on for hearing. Objection was taken that the appellant not having appealed against the final decree of the 28th of June 1912 could not maintain his appeal against the preliminary decree. The Court allowed this objection and dismissed the appeal. The defendants have now come to this Court in second appeal. The question which we have to decide is whether or not the fact that the defendants did not appeal against the final decree precludes the Court from hearing the appeal against the preliminary decree. Section 2, Clause 2 of the Civil Procedure Code, defines a 'decree' as including a preliminary decree. Section 96 gives a general right of appeal against decrees. Section 97 is as follows : "Where any party aggrieved