I.P.MUKERJI,J. - (1.) This is an application by the third and fourth defendants.
(2.) It appeared from the submission made by Mr. Mantosh on behalf of these defendants that his clients are apprehensive about the order dated 9th November, 2011 appointing a Special Referee to determine mesne profits of the subject premises. This order was passed subsequent to the order dated 2nd September, 2011 of Sanjib Banerjee, J. in a Chapter XIIIA application made in the above suit. He allowed the application. A part decree of eviction against the second defendant from premises no.138/1, Bidhan Sarani, Kolkata was passed. The subsequent portion of the order has created controversy. It is as follows : "The other claims of the plaintiff on account of mesne profits in respect of premises no.138/1 and on account of mesne profits in respect of premises no.138/2, till the date that it was sold, may be considered upon a further application in such regard being carried by the plaintiff."
(3.) The learned counsel for the petitioners refers to Order XX Rule 12 of the Code of Civil Procedure. He submits that this provision empowers the Court, inter alia, to either pass a decree for mesne profits or direct an inquiry into such mesne profits. It is submitted that in this order there is neither determination of mesne profits nor ordering of an inquiry by the Court for its determination.;