Gautam Joshi (ABC) 15 December 2023

Court fee in subsequent application

Dear Advocates/Scholars

I am defendant in once special civil suit filled by the plaintiff for recovery of possession and mesne profits. Plaintiff has paid full court fees at the time of filling the suit. In the written statement I have taken the defence of adverse possession (plenty of proofs of hostile possession for more than 30 years). Also filled an order 7 rule 11 application for dismisal of suit on the grounds of limitation period of 12 year (7/11 application is pending to be heard). I have also institited a seperate civil suit for declaration of title by the way of adverse possession which is still pending.

Now plaintiff has filled a new application/interim application without any title/subject praying/demanding interim mesne profits accumulated from the date of filling of suit to till date. (around 2 years).

My query

1) Is such interim aplication for mesne profit maintanable specifically without any subject or any descripttion of law under which same is claimed.

2) Mesne profits so demanded in application is to the tune of more than 10 lacs. Is palintiff liable to pay separate court fee for such application?

Any help/inputs/hints will be highly appriciated.

Thanking You

Regards

Gautam Joshi.

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3 Replies

Dr. J C Vashista (Advocate ) 16 December 2023

Court fees is a State subject which differs from a State to another, please check in your case.

When you have already claimed adverse possession, there is no question of maintainability of appplication / prayer for mesne profits.

When the application for mesne profits is not maintainable, no court fees shall be demanded /charged / levied.

How an application without title / subject / prayer has been accepted by the Court ?

Section 2(12) of the Code of Civil Procedure, 1908 defines the term “mesne profits”. The Delhi High Court in the notable case of Phiraya Lal Alias Piara Lal vs Jia Rani And Anr (1973) interpreted the meaning of the term “mesne profit” by observing that when a party claims damages to recover the loss resulted from wrongful occupation of immovable property by a trespasser that originally belonged to the party then such damages will be known as mesne profits.

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Sanskriti Tiwari 16 December 2023

An application for interim mesne profits can be considered maintainable if it aligns with the relief sought in the main suit. However, it should specify the legal basis for claiming such profits. The absence of a clear subject or legal backing in the plaintiff’s application could render it defective. As per Order 20 Rule 12 of the Civil Procedure Code, mesne profits may be awarded if the plaintiff succeeds in the suit for possession.

Further, the Delhi High Court in the case of The New India Assurance Co. Ltd. vs. M/s M. Gulab Singh and Sons P. Ltd. an application for mesne profits must sufficiently specify the legal grounds and facts supporting the facts.

Regarding court fees, if the claim for mesne profits is a distinct relief not covered under the initial court fee paid, the plaintiff is generally liable to pay additional court fees. This aligns with the principles outlined in the Indian Court Fees Act, 1870.

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Gautam Joshi (ABC) 18 December 2023

Thank you Sir and Madam for your valuable inputs.