JUDGMENT Sir John Stanley, Knight, C.J. and Banerji, J. - A preliminary objection has been raised to the hearing of this appeal, to the effect that it cannot be entertained, in view of the decision in Kuria Mal Vs. Bishambhar Das, 5 Ind. Cas. 276 The suit was one for partition. A preliminary decree was passed on the 17th of September, 1909, and it is against this preliminary decree that the appeal has been preferred. A final decree was passed on the 27th of January, 1910, and no appeal has been preferred against this decree, and the time for appealing has elapsed. According to the ruling above referred to, after the passing of a final decree in a suit for partition no appeal will lie, which does not challenge the final as well as the preliminary decree. The only difference in the case before in and the case of Kuriya Mal v. Bishambhar Das is that in that case, when the appeal was preferred, the final decree for partition had been passed. In the present case the final decree was not passed at the date of the filing of the appeal, Id appears to us, however, that the principle of the decision in Kuriya Mal v. Bishambhar Das is applicable to this case, and that the appeal cannot be entertained. We accordingly dismiss it, but under the circumstances without costs. Objections have been filed, but as the appeal has failed they must also fail. We dismiss them without costs.