Mesne profit not prayed in plaint but court granted
M Satyanarayana
(Querist) 25 August 2014
This query is : Resolved
Sir,
I filed partition suit against my sister for 2/3rd share. While filing the suit in the plaint I have never claimed any mesne profit but asked court for partition of the property and “to any other relief.” My suit was dismissed in the lower court and I appealed to Higher Court. The Hon’ble High Court was pleased to grant me past mesne profits and future mesne profit till final decree and passed preliminary decree.” Now for claiming the mesne profit in final decree whether I have to amend the plaint and partition suit while claiming mesne profit in the final decree.
Please clarify the correct position in Partition suit.
Thanking your,
MSN
ROHIT SHARMA
(Expert) 25 August 2014
1. Since in your original plaint you have made a prayer for any other relief that the court may be pleased to order and based upon such mention the superior court i.e H.C. has accorded disbursement of mense profit then this judgment of the appeal is binding and can be executed by you as a decree holder and for that you need not have to amend your original plaint before the lower court.
Advocate Bhartesh goyal
(Expert) 25 August 2014
Yes no need to amend the plaint.Relief granted to you by High Court has binding effect on lower court.you can claim the mesne profits as awarded by H.C.
