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1 - 10 of 11 (0.26 seconds)The Code of Civil Procedure, 1908
Article 51 in Constitution of India [Constitution]
The Limitation Act, 1963
Article 113 in Constitution of India [Constitution]
Indian Oil Corporation Ltd. vs Sudera Realty Private Limited on 6 September, 2022
20. In the instant case, the suit for eviction was decreed on 4.5.2006
directing the defendant to hand over possession of the suit property with
further directions of inquiry into mesne profit under Order XX Rule 12
of CPC. It is a matter of fact that the defendant had challenged the said
judgment before the Appellate Bench. Resultantly, the subject matter of
the lis had not attained finality. The plaintiff had filed the application for
mesne profit during the pendency of the appeal, which is nothing but a
continuation of suit. Consequently, the date of decree in the suit for
eviction cannot be construed as the cause of action or the date of accrual
of right to sue. Even otherwise, under Article 113 of the Limitation Act,
the period of limitation is three years from the date the right to sue
accrues and the cause of action, in the suit for mesne profit being
continuous one , the suit was not barred by limitation.
Section 2 in The Indian Partnership Act, 1932 [Entire Act]
Union Of India & Anr vs M/S Nitdip Text. Processors (P)Ltd.& ... on 3 November, 2011
In Union of India vs. Abrahimuddin & Anr. (2012) 8 SCC 148
the Apex Court has observed that an application for taking additional
evidence cannot be filed as a matter of right. The Court can consider
such an application with circumspection, provided it is covered under
either of the pre-requisite conditions incorporated in the statutory
provisions itself.
Central Bank Of India vs Anil Puranmal Bansal on 7 March, 2016
21. It is contended that mesne profit can be granted only for three
years preceeding the application for mesne profit. Rule 12 CPC as
amended by the Bombay High Court by way of CPC (amendment ) Act
104 of 1976 w.e.f. 1.2.1977, there is no restriction of three years. This
aspect has been considered in UCO Bank (supra).