Damages

Querist : Anonymous (Querist) 18 December 2010 This query is : Resolved
We have filed suit to remove tresspassers from our premises in 1971.
We have not asked for any damages,charges from them for occupying the premises since last 40 years pending the final disposal of suit, in the plaint.
Suit is now in final hearing stage.
Is it now too late to ask for such damages/charges, or can we do so now.
Will the issues have to be re-drafted or is no issue necessary for claiming damages.

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Swathi S Bhat (Expert) 18 December 2010
Sir,
Now, it is too late to insert the prayer for damages or charges as you stated. Such amendment will alter the nature of the suit itself. You can maintain a separate suit for damages.

Pritam Saini, Advocate (Expert) 18 December 2010
no this option cause delay your suit.you can file separate suit for means profits subject to limition.

adv. rajeev ( rajoo ) (Expert) 18 December 2010
I agree with Pritam

s.subramanian (Expert) 18 December 2010
You can seek an amendment to include the prayer for mesne profits in the plaint. It shall be allowed by the court.

s.subramanian (Expert) 18 December 2010
A separate suit cannot be filed in view of the bar under Order II Rule 2 of CPC. If you don't seek it in this suit now, it is lost for ever.