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1959 Supreme(Pat) 95

KANHAIYA SINGH, V.RAMASWAMI
Mohammad Jabir – Appellant
Versus
Narain Prasad Daruka – Respondent


Judgment

1. This appeal is brought on behalf of the decree-holders against an order of the Additional District Judge of Muzaffarpur, dated 6th November, 1956, holding that the execution of the final decree for mesne profits was barred by limitation.

2. It appears that the final decree for mesne profits was made in Title Suit No. 208 of 1939 on the 5th June, 1951, in the following terms:

"that the commissioners report is hereby confirmed against both sets of the defendants. Let the decree be prepared for mesne profits as per commissioners report on plaintiffs filing requisite court-fee."

A formal decree was prepared in pursuance of this order on the 8th May, 1952, and notified to the parties. It appears that this decree contained no other details except the number of the suit and the names of the parties. On the 3rd February, 1954, the plaintiffs made an application before the Munsifs Court for the preparation of the final decree. On the 12th March, 1954, the plaintiffs were directed by the court to file the requisite court-fee) of Rs. 528/12/- and also a petition for amendment of the decree. Acting on the. direction of the court the decree-holders paid the requisite court-fee and al







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