Venkataramana Rao, J.

1. This second appeal arises out or a suit instituted by the plaintiffs for recovery of mesne profits for faslis 1337 to 1339 from the defendants. The District Munsiff of Guntur gave a decree but it was reversed by the Subordinate Judge of Guntur on the ground that the action is barred by Order 2 Rule 2 Civil Procedure Code. The plaintiffs filed a suit (O.S. No. 1013 of 1927) on the file of the District Munsiff of Guntur for recovery of possession of the land in respect whereof the mesne profits are claimed. They also claimed in that suit mesne profits both past and future, but while giving a decree in plaintiffs favour, the District Munsiff did not pass a decree for mesne profits subsequent to suit and the reason given by him is thus stated in paragraph 30 of his judgment in the said suit:

No provision is made for recovery of subsequent profits, as it was represented that the 1st plaintiff had filed a suit in the Sub-Court, Guntur, for recovery of them.

2. The suit referred to in the said order was filed by the plaintiffs during the pendency of the above action in the Sub-Court, Guntur, for recovery of mesne profits for the said three faslis and for dama