1. The question that is referred to us for opinion is:

Whether it is open to a Court of appeal to admit an appeal in part and dismiss it as to the rest.

2. The order passed on the date of hearing (4-4-1946) fixed for admission of this appeal runs thus:

The question of title is concluded by concurrent finding of fact in the lower Courts. There is no title deed. So the matter is one of fact. That part of the appeal is dismissed. I admit the appeal on grounds Nos. 3, 4, 7 and 8 only. The rest of the grounds will be deleted and the prayer will be modified. I admit the appeal. Let a date for hearing be fixed in office and notice be issued to the Respondent.

Sd. Vivian Bose, Judge

The Plaintiff-Appellant claimed possession of the property in suit on the basis of title. Alternatively he claimed that he had a right of way over a specified portion of the premises in dispute. He failed in both the Lower Courts. The subject-matter in second appeal were thus the main claim for possession and the alternative claim of easement right.

3. The learned Counsel for the Appellant submits that Rules 11 and 12 of Order 41, Code of Civil Procedure, speak of dismissing, or fixing a date of hearing of, a