“Where the court, on. considering demurrers to a petition, passes an order providing that unless the plaintiff amends his petition in certain particulars on or before a specified date the suit stand automatically dismissed, the order is dual in character, in that the part requiring amendment is merely interlocutory in character and subject to exceptions pendente lite, while the part providing for automatic dismissal in the future will constitute a final judgment ending the case if no amendment is filed. Under such an order, however, the petition whether amended or not, would remain pending until the effective date of the dismissal, so that no writ of error could be sued out before that time.” Luke v. Ellis, 201 Ga. 482 (40 S. E. 2d, 85), and cases cited. Therefore, in the instant case, where the court on September 26, 1947, *522entered an order stating that, instead of sustaining one of the grounds of the demurrer and dismissing the petition, it would allow the plaintiff until November 1, 1947, to amend by striking the paragraph of the petition asking for double rent or else the petition “is to be considered dismissed,” and the plaintiff refused to amend, and tendered her bill of exceptions which was certified by the court on October 14, 1947, and brought to this court for review, we are, under the rulings of both this court and the Supreme Court, constrained to hold that the exception is not to the final judgment, and though this court would have been inclined to treat the exception as one pendente lite it would avail the plaintiff nothing as the time for an exception to the final judgment has expired. Consequently the writ of error is dismissed.
Decided January 28, 1948. Rehearing denied February 19, 1948. Osgood 0. Williams, Noel P. Park, for plaintiff. Pierce Brothers, for defendants.Writ of error dismissed.
Sutton, C. J., and Parker, J., concur.