Case Note & Summary
The applicant, Gajanfar Rafik Ahmed Mirajkar, was the plaintiff in Special Civil Suit No.3/1983, which was decreed on 23.08.2006. The decree granted possession of the suit property and mesne profits. On 03.08.2009, the applicant filed Miscellaneous Application No.63/2009 under Order XX Rule 12 of the Code of Civil Procedure, 1908, seeking an inquiry for determination of mesne profits from the original defendants. The application was filed in the Court of Civil Judge Senior Division, Alibag. The applicant also filed execution proceedings being Special Darkhast No.56/2009. The respondents opposed the application on the ground of limitation. The High Court considered whether the application under Order XX Rule 12 CPC is governed by Article 137 of the Limitation Act, 1963. The court held that the application is indeed governed by Article 137, which provides a period of three years from the date when the right to apply accrues. The right to apply for determination of mesne profits accrues on the date of the decree. Since the decree was passed on 23.08.2006 and the application was filed on 03.08.2009, the application was filed beyond the three-year period and is therefore barred by limitation. The court dismissed the miscellaneous civil applications as barred by limitation.
Headnote
A) Limitation Act, 1963 - Article 137 - Application under Order XX Rule 12 CPC - Mesne Profits - The application for determination of mesne profits is governed by Article 137 of the Limitation Act, 1963, which prescribes a period of three years from the date when the right to apply accrues. The right to apply accrues on the date of the decree for possession and mesne profits. In this case, the decree was passed on 23.08.2006 and the application was filed on 03.08.2009, which is beyond three years and hence barred by limitation. (Paras 1-3)
Issue of Consideration
Whether an application under Order XX Rule 12 of the Code of Civil Procedure, 1908 for determination of mesne profits is governed by Article 137 of the Limitation Act, 1963, and whether the application filed on 03.08.2009 is barred by limitation when the decree was passed on 23.08.2006.
Final Decision
The Miscellaneous Civil Applications are dismissed as barred by limitation.
Law Points
- Limitation for mesne profit inquiry application under Order XX Rule 12 CPC is governed by Article 137 of Limitation Act
- 1963
- period of three years from date of decree
- application filed beyond limitation is barred
Case Details
2013 LawText (BOM) (02) 110
Miscellaneous Civil Application No.38 of 2012 with Civil Application No.56 of 2012 and Miscellaneous Civil Application No.39 of 2012 with Civil Application No.57 of 2012 with Civil Application No.114 of 2012 with Civil Application No.115 of 2012
Gajanfar Rafik Ahmed Mirajkar
Mrs. Jakiyabegum Siddi Abdur Rehman Foujdar & Ors.
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Nature of Litigation
Application under Order XX Rule 12 CPC for determination of mesne profits
Remedy Sought
Appointment of Commissioner to take accounts of income from trees on the suit land and determination of mesne profits
Filing Reason
Decree for possession and mesne profits was passed on 23.08.2006; applicant sought inquiry for mesne profits
Previous Decisions
Special Civil Suit No.3/1983 decreed on 23.08.2006
Issues
Whether the application under Order XX Rule 12 CPC is governed by Article 137 of the Limitation Act, 1963?
Whether the application filed on 03.08.2009 is barred by limitation when the decree was passed on 23.08.2006?
Submissions/Arguments
Applicant argued that the application was within time as it was filed within three years from the date of decree.
Respondents argued that the application was barred by limitation under Article 137 of the Limitation Act.
Ratio Decidendi
An application under Order XX Rule 12 CPC for determination of mesne profits is governed by Article 137 of the Limitation Act, 1963, which prescribes a period of three years from the date when the right to apply accrues. The right to apply accrues on the date of the decree for possession and mesne profits. In this case, the decree was passed on 23.08.2006 and the application was filed on 03.08.2009, which is beyond three years and hence barred by limitation.
Judgment Excerpts
The Applicant (Gajanfar Rafik Ahmed Mirajkar) is the Plaintiff in Special Civil Suit No.3/1983 decided on 23.08.2006.
He filed an application being Miscellaneous Application No.63/2009 invoking the Order XX Rule 12 of the Code of Civil Procedure, 1908 seeking an inquiry for determination of mesne profit.
This application has been filed on 03.08.2009 in the Court of Civil Judge Senior Division, Alibag at Alibag.
Procedural History
Special Civil Suit No.3/1983 was decreed on 23.08.2006. On 03.08.2009, the applicant filed Miscellaneous Application No.63/2009 under Order XX Rule 12 CPC for mesne profit inquiry. Execution proceedings being Special Darkhast No.56/2009 were also filed. The present miscellaneous civil applications were filed in the High Court against the rejection of the application on limitation grounds.
Acts & Sections
- Code of Civil Procedure, 1908: Order XX Rule 12
- Limitation Act, 1963: Article 137
