Atman 20 September 2018

Limitation bar

What is the limitation period for filing petition to claim mesne profits if the perilimuinary decree was passed last friday in a titlte suit? Is it 1 year from last week or 3 years? Cane we file the petition anytime even after one year?

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4 Replies

kirti kabra 20 September 2018

the time period is 3 years from the passing of the decree

Atman 23 September 2018

The decree was passed in favour of the plaintiff against defendant no 1. Would the other two defendants also have the same bar of 3 years for the mesne profit recovery or is it a different bar for them? (Something like 1 year?) Likewise, would the limitation bar for separate possession also be the same 12 years for the plaintiff and the two defendants?

Atman 24 September 2018

any answer for my last question?

Atman 27 September 2018

correction: the decree is in favour of plaintiff and against all defendents. but decree directs the property be divided in to 4 equal shares and one share alloted to plaintiff (property is in the possession of d1) , and the mesne profts be recovered from d1 from date of institution of suit till separate possession through a separate application.

Question is about the LIMITATION PERIOD for d2 and d3, since they also become eligible for mesne profit recovery and possession..