AIR 1932 ALLAHABAD 45

Allahabad High Court

Hon'ble Judge(s): Mukerji, Bennet , JJ

(A) Civil P.C. (5 of 1908) , O.2 R.2— Subsequent suit for mesne profits is not barred where in former suit future mesne profits were asked for. Order 2, R. 2, does not bar a subsequent suit for mesne profits where the former suit for possession had asked for mesne profits and for future profits as one of the reliefs: (B) Civil P.C. (5 of 1908) , S.11— Court failing to adjudicate on mesne profits - Subsequent suit for that relief is not barred. There is no bar by res judicata against a plaintiff bringing a subsequent suit for mesne profits where the Court in the former suit has failed to adjudicate on that relief: (C) Civil P.C. (5 of 1908) , O.41 R.22— Respondent transferring property during pendency of appeal - Transferee cannot file cross-objections after 30 days period is over. A transfer by a respondent ponding the hearing of an appeal cannot in any way extend the period of 30 days from the service of notice on the respondent which is allowed for the filing of a cross-objection. Hence transferee from respondent during pendency of appeil is not entitled to file cross-objectiou beyond the period of 30 days. .....