MONOHAR PESHAKAR Vs. HARAN CHANDRA KARMAKAR

JUDGEMENT

(1.) This is an appeal against a preliminary decree for partition.

(2.) A preliminary objection is taken on behalf of the respondent that the appeal is not maintainable, on the ground that no appeal had been preferred against the final decree passed in the suit before this appeal was preferred.

(3.) It appears that a preliminary decree for partition was passed on the 6 May 1919. That decree was affirmed on appeal on the 2lst January, 1920. On the 20 March, 1920, the final decree was passed and the final decree was drawn up and signed on the 31 March 1920. The present appeal was filed on 7 May 1920, from the decree of the lower Appellate Court affirming the preliminary decree passed by the Court of first instance; but no appeal has been preferred against the final decree.