Kamala Kanta Roy vs Monaraddi - 1920 Supreme(Cal) 275

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1920 Supreme(Cal) 275

TEUNON, BEACHCROFT
Kamala Kanta Roy – Appellant
Versus
Monaraddi – Respondent

JUDGMENT

Teunon, J. - This appeal arisen out of a suit for recovery of possession of a certain parcel or parcels of land and for mesne profits. The suit was instituted on the 4th 1907 and the decree, awarding possession and directing enquiry into the amount of mesne profits both before suit and also pending the suit was made on the 15th July 1908, Appeals against this decision followed and the final decision of this Court was not arrived at until the 30th March 1915. Meanwhile on the 2nd January 1915 an application for the ascertainment of mesne profits was made in the Court of the 5th Munsif of Comilla, the Court in which the original suit had been instituted and decided. Proceedings on this application continued for sometime but eventually on the 29th January 1916 the application was dismissed for default in the absence of both parties. That was a dismissal to which the order and rule" applicable is Order IX, Rules 3 and 4. On the 21st December 1916 or on the 30th March 1917, a second application for ascertainment of mesne profits was again made in the Court of the 5th Munsif of Comilla. It should be noted that when the first application of the 2nd January 1915 was made, the claim

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