AI Overview...
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Preliminary Decree of Mesne Profit - Under Order XX Rule 12 of the Civil Procedure Code (CPC), courts have the authority to pass a preliminary decree regarding mesne profits, including both past and future profits, before a final decree is issued. Such preliminary decrees are often subject to subsequent inquiry and determination of quantum Paturu Venkata Seshaiah (died) per LRs App-7 to 10 vs Paturu Kondaiah (died) - Andhra Pradesh, Lakshmi Ammal (deceased) and others VS Subba Raj and others - Madras, Ramalinga Sethupathi Ambalam VS Andiappan Ambalam - Madras.
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Scope of Court's Jurisdiction - The court's jurisdiction to inquire into mesne profits exists even if the preliminary decree does not explicitly specify directions for such inquiry. Courts can go into the question of mesne profits during the proceedings, and the power extends to determining past and future profits, provided the decree is preliminary in nature Lakshmi Ammal (deceased) and others VS Subba Raj and others - Madras, Saradhambal VS Ramakrishnan - Madras.
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Procedure for Ascertainment - The ascertainment of mesne profits involves an inquiry into the amount owed for wrongful use of property or possession, often requiring a separate application or proceeding after the preliminary decree. The period of limitation for such applications is not explicitly specified in Order 20, Rule 12, but the procedure involves filing an application for ascertainment, and the court has the discretion to determine the quantum Indra Narayan Bera VS Narendra Nath Patra - Calcutta, Ramnik Vallabhdas Madhvani VS Taraben Pravinlal Madhvani - Supreme Court.
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Appealability - Orders relating to preliminary decrees that determine the period for mesne profits are appealable, as they fall within the scope of preliminary decree under Section 2(2) of CPC. This includes orders directing inquiries into mesne profits or fixing the period for which profits are to be claimed Mt. Pulwa VS Brijnandan Prasad - Patna.
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Implications of Final Decree - The final decree may incorporate the findings from the inquiry into mesne profits, but until then, the court retains the power to grant relief and direct inquiries. The court should not pass a final decree on past mesne profits exceeding the amount claimed in the plaint without proper inquiry Ramalinga Sethupathi Ambalam VS Andiappan Ambalam - Madras.
Analysis and Conclusion:
Order XX Rule 12 of the CPC provides the legal framework for courts to pass preliminary decrees concerning mesne profits, including both past and future profits, during the course of a suit. Such decrees are appealable and serve as a procedural step before the final determination of damages. Courts have broad jurisdiction to inquire into and ascertain the quantum of mesne profits, and the process involves a separate application or inquiry. The final decree consolidates these findings, but until then, the court maintains the authority to direct inquiries and grant interim relief regarding mesne profits.
References:
- Paturu Venkata Seshaiah (died) per LRs App-7 to 10 vs Paturu Kondaiah (died) - Andhra Pradesh
- Lakshmi Ammal (deceased) and others VS Subba Raj and others - Madras
- Indra Narayan Bera VS Narendra Nath Patra - Calcutta
- LAKSHMINARASAMMA VS C. V. RAGHAVACHAR - Karnataka
- Saradhambal VS Ramakrishnan - Madras
- Ramnik Vallabhdas Madhvani VS Taraben Pravinlal Madhvani - Supreme Court
- Neelakahtapuram Jayaram, Represented by his power of Attorney VS N. Gangadhar - Karnataka
- Devendra Singh VS Kailash Prasad - Patna
- Mt. Pulwa VS Brijnandan Prasad - Patna
- Ramalinga Sethupathi Ambalam VS Andiappan Ambalam - Madras
Search Results for "Civil Procedure Code o 20 R 12 Preliminarly Decree of Mesne Profit Awarded"
2024 Supreme(Online)(AP) 17306 • India - High Court of Andhra Pradesh
VENUTHURUMALLI GOPALA KRISHNA RAO, J
CPC . The said profits are not the mesne profits within the meaning of Section 2(12) of CPC but in contradistinction, the profits, which are to be ascertained under Order XX Rule 12 a href="./.. ... The trial Court by relying on Order XX, Rule 12(1)(c)(iii) of C.P.C., came to the conclusion that the appellants herein are entitled to mesne profits up to three years from the dat....
1974 0 Supreme(Mad) 108 • India - Madras
V.RAMASWAMI
Code of Civil Procedure, 1908-Order 20, rules 12 and 18 -Preliminary decree in suit for partition-No direction given in the Preliminary ... decree to enquire about mesne profit-Held, Court has jurisdiction to go into the question of mesne profits. ... for past or future mesne profits and in the absence of even a direction by the Court in the prelimina....
1974 0 Supreme(Cal) 62 • India - Calcutta
P.K.Banerjee
, rule 12 of the Code of Civil Procedure, regarding the ascertainment of mesne profits after the plaintiff obtained a decree for ... Limitation - Application for Ascertainment of Mesne Profits - Interpretation of Order 20, Rule 12 of the Code of Civil Procedure ... as no specific period of limitation was provided under Order 20, rule 12 of the Code of Civil Procedure#HL....
1975 0 Supreme(Kar) 163 • India - Karnataka
SADANANDASWAMY
Final Decision: The court allowed the appeals, decreed the suit for redemption, ordered an inquiry into mesne profits, and ... Srinivasa Murthy filed a suit for possession and future mesne profits. ... Mortgage - Redemption - Law of Mortgage - Priority of Redemption Rights - Sale in Execution of Decree - Rights of Purchasers - ... OS. 563 of 1964 is decreed with costs throughout. There shall be an enquiry into past mesne profits fo....
2012 0 Supreme(Mad) 4835 • India - Madras
T.Mathivanan
CIVIL PROCEDURE CODE, 1908 - Order 20, Rule 12 - Mesne profits - Powers of court to grant after passing of final decree - Scope - ... been passed on 05.12.1983 and even in the final decree also no reference is available with regard to the claiming of mesne profits ... - Held, till the final decree is passed, the court is empowered to grant the relief of mesne profits#HL....
2003 8 Supreme 208 • India - Supreme Court
S. B. SINHA, ARUN KUMAR, V. N. KHARE
A decree for mesne profit was granted in favour of the plaintiff respondent for wrongful use of the property. ... Rule 12 and Section 151—Mesne profits—Procedure for determination of quantum of—Family ... (i) Civil Procedure Code, 1908—Section 2(12), Order 20 ... I.A.No. 3 of 1987 was filed by the Plaintiff purported to be under Order 26 Rule 13 and Order 20 Rule 10 of Code of Civil Proc....
2010 0 Supreme(Kar) 982 • India - Karnataka
A.N.VENUGOPALA GOWDA
20, Rule 12, Civil Procedure Code enables Court to pass a decree for both past and future mesne profits. ... CODE OF CIVIL PROCEDURE, 1908 - Order 12, Rule 20: [A.N. ... directing an enquiry as to future mesne profits, in exercise of jurisdiction under Rule 12 of Order 20, CPC, even in absence of ... O 20 CPC....
2024 0 Supreme(Pat) 898 • India - Patna
ARUN KUMAR JHA
profits, the provision of Order 20, Rule 12 of the Code are attracted to the suit and the court has power to pass a decree in the ... Civil Procedure Code, 1908 – Order 20, Rule 12 – Determination of Mesne Profits – Jurisdiction – Claim of ... the date of institution of suit till delivery of possession and this claim requires enquiry under Order 20, Rule 12 of the Code#....
1958 0 Supreme(Pat) 140 • India - Patna
KANHAIYA SINGH, V.RAMASWAMI
APPEALABILITY OF ORDER - PRELIMINARY DECREE - ORDER DETERMINING PERIOD OF MESNE PROFITS - APPEALABLE - CODE OF CIVIL PROCEDURE ... decree determining the period for which mesne profits could be claimed. ... so falls within the definition of "preliminary decree" within the meaning of Sec.2 (2) of the Code of Civil Procedure. ... Bijai Bahadur Singh, ILR 23 All 152 (PC), in which a decree#....
1931 0 Supreme(Mad) 89 • India - Madras
ANANTA NARAYANA AYYAR
(3) there is a preliminary decree directing an inquiry as to the amount of the future mesne profits. ... Reading, therefore, this paragraph with Order 20, Rule 12, Civil Procedure Code, the result is that the Court should not pass a final decree in respect of past mesne profits regarding which an inquiry has been directed, when the amount of the same exceeds the amount claimed in the plaint, unless the
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