S.S.SANDHAWALIA, J.

1. The issue of law arising from virtually undisputed facts in this reference may well be formulated in the following terms:-

"Whether Or. 2, R. 2 of the Code of Civil Procedure, 1908 bars a suit for mesne profits filed subsequently to a suit for possession of the property because the claim for those accrued mesne profits had not been earlier included therein ?"

It suffices to advert to the relevant facts briefly. The subject-matter of the dispute is the urban property situated at Circular Road, Ambala City. In January, 1966. Pritam Singh respondent alone brought a suit for possession of the above-said property alleging inter alia that the defendants were in wrongful and unauthorised occupation thereof from the 14th of June, 1965. In this suit he did not include any claim for mesne profits which had accrued till the date of the filing of the same. That suit is still pending decision. Later in 1968 Pritam Singh respondent along with his sister Smt. Surjit Kaur respondent together brought the present suit (from which this regular second appeal arises) for the recovery of Rs. 3,200.00 as mesne profits or in the alternative as ages for illegal use and occupa