Case Note & Summary
The dispute arose from a partition suit filed by the plaintiffs, who sought a final decree after a preliminary decree was passed in their favor. The appellant, a defendant in the original suit, challenged the final decree, arguing that the plaintiffs were not entitled to possession of certain portions of the property due to a will executed by a third party. The trial court had previously ruled in favor of the plaintiffs, allotting them portions of the property and ordering the defendants to pay mesne profits. The appellant contended that the plaintiffs had no right to possess the property and that the final decree was incorrect. The plaintiffs argued that the final decree was in accordance with the preliminary decree, which had become final, and that the appellant's objections were not valid at this stage. The court noted that the appellant had previously filed a suit to declare the original decree as fraudulent, which was dismissed. The court emphasized that the objections raised by the appellant were outside the scope of the final decree proceedings and should have been raised during the trial or in an appeal against the preliminary decree. The court upheld the trial court's decision, stating that the final decree was valid and the assessment of mesne profits was appropriate. Ultimately, the appeal and the application for additional evidence were dismissed, with no order as to costs.
Headnote
A) Civil Procedure - Final Decree - Compliance with Preliminary Decree - Code of Civil Procedure, 1908, Order XX Rule 12 - The court held that the final decree must strictly adhere to the preliminary decree, and objections raised by the appellant were outside the scope of the final decree proceedings. The trial court's decision to reject the objections was upheld as the preliminary decree was not challenged by the appellant. (Paras 4-9) B) Civil Procedure - Mesne Profits - Entitlement and Assessment - Code of Civil Procedure, 1908, Section 97 - The court confirmed the trial court's assessment of mesne profits at Rs.100/- per month based on an inquiry by the Advocate-Commissioner, stating that the appellant could not contest the plaintiffs' entitlement to mesne profits. (Paras 8-9)
Issue of Consideration
Whether the Judgment under appeal is in accordance with the preliminary decree passed in the suit or whether it needs to be set aside, modified, or varied?
Final Decision
The court dismissed the appeal and the application for additional evidence, affirming the trial court's final decree and the assessment of mesne profits.
Law Points
- Final decree
- Preliminary decree
- Mesne profits
- Order XX Rule 12 CPC
- Section 97 CPC
