Case Note & Summary
The case involves a second appeal before the Bombay High Court, Aurangabad Bench, arising from a trial court judgment that included a direction for an enquiry into mesne profits under Order XX Rule 12 of the Code of Civil Procedure, 1908. The appellants, Shankar and Bhimrao Waghmare, challenged this direction on the ground that there were no pleadings or prayers in the suit regarding mesne profits. The respondent, Bhaurao Waghmare, was the plaintiff in the original suit. The trial court had passed a decree which included Direction No.3 for a separate enquiry into mesne profits. The appellants argued that this direction was without any basis in the pleadings. The High Court, after hearing both parties, found merit in the appellants' submission. The court noted that the direction for mesne profits enquiry was passed in the absence of any pleadings or prayers in the suit. Consequently, the court set aside that specific direction while confirming the rest of the trial court's decree. The second appeal was allowed in part, and the civil application was disposed of accordingly.
Headnote
A) Civil Procedure - Mesne Profits - Order XX Rule 12 CPC - Enquiry Without Pleadings - The trial court's direction for enquiry into mesne profits was set aside as there were no pleadings or prayers in the suit regarding mesne profits. The court held that such a direction cannot be sustained in the absence of any basis in the pleadings. (Para 2)
Issue of Consideration
Whether the trial court could direct an enquiry into mesne profits under Order XX Rule 12 CPC in the absence of any pleadings or prayers in the suit.
Final Decision
Second appeal is allowed in part. Direction No.3 regarding enquiry into mesne profits under Order XX Rule 12 CPC passed by the trial court is set aside. Rest of the decree is confirmed. Civil application disposed of.
Law Points
- Mesne profits enquiry requires pleadings and prayers
- Order XX Rule 12 CPC
- Second appeal maintainability
