[Full Bench.]

Present: Lascelles C.J., Wood Renton and Grenier JJ.

SILVA v. SILVA et al.

188-D. C. (Inty.) Matara, 4,967.

Partition-Interlocutory decree for partition-Subsequent order to sell- Court of first instance has no power-Civil Procedure Code, s. 189. Where there has been an interlocutory decree for partition. a Court of first instance has no power to set it aside and order a sale on the ground that a satisfactory partition is impracticable.

An interlocutory decree for partition is a decree within the meaning of section 207, and can only be modified in accordance with the provisions of section 189 of the Civil Procedure Code.

THE facts appear sufficiently from the judgment. The case was reserved for a Full Bench by Wood Renton and Grenier JJ.

V. Grenier, for the appellant.-The decree for partition is an interlocutory decree, which is binding on the parties. The Judge had no power to alter the decree which he had entered except for reasons stated in section 189. See Silva v. Silva1, De Silva v. Ponnasamy 2.

1 (1910) 13 N. L. R. 87.