AIR 2011 (NOC) 302 (KAR.) ::2011 (1) AIR Kar R 482

Karnataka High Court

Hon'ble Judge(s): A. N. Venugopala Gowda , J

(A) Civil Procedure Code (5 of 1908) O. 12, R. 20— Mesne profits — Suit for recovery of possession of property — Even in absence of specific prayer for mesne profits — Court can direct an enquiry as to future mesne profit exercising discretion u/S 20, R 12 {" O. 20, R. 12, Civil Procedure Code enables Court to pass a decree for both past and future mesne profits. With regard to past mesne profits is concerned, plaintiff should have an existing cause of action, should plead cause of action specifically, claim a decree for past mesne profits, value claim approximately and also pay Court fee payable therein. However, with regard to future mesne profits, plaintiff has no cause of action on date of institution of suit and it is not possible for him to plead this cause of action or to value it or to pay Court fee thereon at time of the institution of suit. The plaintiff can obtain relief in respect of this future cause of action only in a suit to which provisions of O. 20, R. 12 apply. The Court has discretion in a suit to which said provision applies to pass a decree by directing an enquiry into future mesne profits and Court may grant such general relief though it is not specifically asked for in plaint. (Para 14) "} .....