Princess Ameena Marzia And Another v. Prince Shahmat Ali Khan And 4 Others

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO CIVIL REVISION PETITION No.6119 of 2017 ORDER:

Heard both sides and perused the grounds urged in the revision and the impugned order of the lower Court. So far as future cause of action, as on the date of filing of the suit not accrued concerned, it need not be asked and so far as the mesne profits from the date of suit concerned, even omission to ask does not amount to refusal apart from need not ask much less to pay court fee for that, but for if at all any profits from the date of filing of suit till date of decree with a direction to pay court fee, if for any fixed sum and from date of decree even no relief granted that no way prevent the plaintiff to ask for future profits to be determined since law is fairly settled from the expression of the Apex Court in Gopalakrishna Pillai Vs.

Meenakshi Aval1 reiterated by this Court and several other Courts apart from the Apex Court time and again the said principle. Regarding the contentions as to who are liable to mesne profits including any proposed amendment to say D.5 claiming through D.3, if not once D.5 filed written statement, the remedy of plaintiff is to file re-joinder at best.

With these observations, there is nothing to interfere, but for setting aside the impugned orders by closing those petitions. Accordingly and in the result, the Civil Revision Petition is disposed of with a direction to dispose of the suit without prejudice to the available defences of the parties. 1 AIR 1967 SC 155

Dr. SSRB,J Consequently, miscellaneous petitions, if any shall stand closed. No costs.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 27.11.2017 ska