AIR 1928 BOMBAY 236

Bombay High Court

Hon'ble Judge(s): Patkar, Baker , JJ

(A) Civil P.C. (5 of 1908) , O.20 R.12— Mesne profits, decree for-Application for ascertaining the same is an application in the suit-Law of limitation has no application to it as long as the suit is a pending suit. Where a decree for mesne profits has been passed and an application has been made for ascertainment of the mesne profits, it is not competent to a Court at any stage to dismiss the application, it being beyond its power to dismiss a claim which has already been decreed, and it is always open to the decree-holder to ask the Court to ascertain the mesne profits inasmuch as an application for mesne profits is an application in the suit itself, and the law of limitation has no application to it as long as the suit is a pending suit: (B) Limitation Act (9 of 1908) , Art.181— Application. Article 181 applies to applications specifically provided by the Civil P. C., and therafore, it does not apply to an application for the ascertainment of mesne profits: (B) Limitation Act (9 of 1908) , Art.181— Application. Article 181 applies to applications specifically provided by the Civil P. C., and therafore, it does not apply to an application for the ascertain....