Judgment.— This Second Appeal is against the judgment on appeal of the learned sub-Judge of Kumbakonam in A.S. No.69 of 1962 against the order of the District Munsif, Valangiman at Kumbakonam in I.A. No. 1171 of 1961 in O.S. No 35 of 1953. The plaintiff in O.S. No. 35 of 1953 is the appellant O.S. No. 35 of 1953 was a suit for partition and possession of the plaintiff’s share of the suit properties. Along With the prayer for partition and possession of his share the plaintiff also prayed for mesne profits. The preliminary decree provided not merely for partition and possession of the plaintiff’s share but also for the ascertainment of mense profits and it being provided for in the final decree. I appears that while the petition for passing the final decree was pending, the appellant filed an application for ascertionment of mense profits. The application was returned a number of times by the Court raisins the question as to how a petition for ascertainment of mense profits could be filed before the final decree for alloting the plaintiff’s share had been passed. Though this does not appear either in the judgment of the trial Court or in the judgment of the appellate Court, I have been shown a certified copy of the order in the earlier application filed by the appellant. But unfortunately the appellant did not represent the earlier petition but filed a petition out of which the present appeal arises for ascertainment of mesne profits. The trial Court held that the mense profits could be ascertained. The appellate Court took the view that the mense profits not having been ascertained and provided for in the final decree it is not possible to do so in this application. the lower appellate Court relied upon two decisions, one reported in Basavayya v. Guruvayya1, and another in Arunachala Mudali v. Maragathammal2. It appears to me that neither of these decisions are in point In the first decision what the Full Bench decided was that in a suit for partition even though there is no prayer in the plaint as regards the claim for mesne profits it is still open to the Court to hold an enquiry regarding mense profits during the pendency of the suit, that is, before a final decree is passed. That was a case like the present one which falls under Order 20, rule 18. That was a case like the present one which falls under Order 20, rule 18. We are not concerned however in the present case with the question of the plaintiff not having prayed for mense profits in the plaint but coming later with an application for ascertainment of mense profits. We are concerned with a case where the preliminary decree itself has provided for ascertainment of mesne profits. The decision in Arunachala Mudali v. Maragathammal2, was in a case which fell under Order 20, rule 12, Civil Procedure Code, and what this Court decided there was that in such a case where there was no prayer in the plaint for mesne profits it was not open to the plaintiff subsequently to ask for ascertainment of mesne profits and for that purpose the preliminary decree being reopened and mesne profits being provided for. It is well-settled that there can be more than one preliminary and more than one final decree. It was observed by a Bench of this Court in the decision in Kasi v. Ramanatha Chettiar3, as follows: “If it be a misnomer to call a decree ‘final’ and, to say that it could be followed by another final decree in the suit, it is a misnomer sanctioned by the Legislature for the provision that a decree ‘may be partly preliminary’ and partly ‘final’ implies that further proceedings have to be taken to be followed by another final decree completely disposing of the suit. No doubt ordinarily there would be one preliminary decree followed by one final decree in suits of the kind mentioned in Order 20, rules 12 to 18..........but no inference, can, in our opinion be drawn from the general language used that the Code does not contemplate ‘and the Court has in consequence no power, even in special cases involving a multiplicity of claims or other complication to pass more than one preliminary decree or one final decree.” As was held in the Full Bench decision above referred to, unless the plaintiff’s; prayer for mesne profits had been specifically considered and refused, it was open to the Court to entertain a subsequent application for mesne profits after passing of the preliminary decree and before the passing of the final decree I should say that in this case Where the preliminary decree provides for ascertainment of mesne profits and the final decree does not provide for mesne profits, it would be open to this Court to pass another final decree after ascertainment of mesne profits A suit can not be said to have been finally disposed of until all the prayers in the plaint have either been granted or specifically refused. In the present case the preliminary decree having provided for ascertainment of mesne profits and (the final decree) not having provided for mesne profits, it is open to the Court to ascertain it and pass another final decree. There is nothing to prevent such a course being adopted by the Court. I cannot accept the argument on behalf of the respondent that because the final decree already passed does not provide for mesne profits should be deemed to have been refused. The matter was never under consideration at the stage of the earlier final decree. The view of the lower appellate Court is therefore wrong and the order of the trial Court will be restored. The respondent Will pay the appellant’s costs. Leave granted. S.V.J. ----------- Second appeal allowed; Leave granted.