Judgement

Appeal (No. 109 of 1919) from an order of the High Court at Patna (November 16, 1916) reversing an order of the Additional Subordinate Judge of Hazaribagh.

By a decree of the High Court at Calcutta made on May 15, 1913, the present respondents were decreed possession of six villages. During the pendency of the suit the defendant had leased two of the villages to the present appellant for the purpose of mining for mica. In execution of the decree there was an inquiry as to mesne profits, and by the order now appealed from the appellant had been joined as a party to the suit. The facts of the case and the terms of the orders made appear fully from the judgment of the Judicial Committee.

1922. Feb. 27. De Gruyther K.C. and Ramsay for the appellant. The appellant cannot be made a party to the suit under Order xxii., r. 10. The decree being executed directs an inquiry as to mesne profits only, and the appellant is not a necessary party to that inquiry as the mesne profits cannot be recovered from him. Even if he were liable in damages, they could be recovered from him only by a separate suit in which the cause of action would have been different from that in the present suit.