AIR 1948 MADRAS 246

Madras High Court

Hon'ble Judge(s): Gentle , C.J. AND Govindarajachari , J

(A) Limitation Act (9 of 1908) , Art.182(5)— Partition decree for past and future mesne profit and costs - Petition for execution of decree as to past mesne profits and costs - Subsequent execution petition for recovery of future mesne profits - Previous application, if can be relied upon to save limitation as to subsequent application. In a partition suit a decree was passed on 31st March 1939, for delivery of certain property, for payment of mesne profits up to date of suit, for mesne profits for subsequent period and for casts. All the reliefs wore granted against the same defendants. Second petition for the execution of the decree as to past mesne profits and costs was struck of on 6th July 1944 on part satisfaction. On 24th April 1944, the decree-holder applied in execution for the recovery of the amount of subsequent mesne profits. An objection was raised that it was time-barred sines that part of the decree awarding future mesne profits must be treated as a separate decree : Held, that there was only one decree within the meaning of Art. 182 notwithstanding that it included several reliefs based upon distinct causes of action and that it was open to the decree-holder to rely upon clause (5) and ask for limitation to be calculated from the dates of the final orders in previous execution positions notwithstanding that those petitions soug....