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Jagannadha Rao Pantulu Garu Vs. Vellanki Venkatarama Rao - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1901)11MLJ332
AppellantJagannadha Rao Pantulu Garu
RespondentVellanki Venkatarama Rao
Excerpt:
- 1. the only question argued for appellant is that section 43 of the code of civil procedure is a bar to the present suit in which mesne profits are claimed for a period subsequent to the date of plaint in the former suit in which the plaintiff got a decree for recovery of the immoveable property, but did not claim or get a decree for mesne profits subsequent to the date of the suit.2. in regard to this it is sufficient to say that the penultimate paragraph of section 244 of the code of civil procedure necessarily implies that section 43 is no bar to the suit. we dismiss the appeal with costs.
Judgment:

1. The only question argued for appellant is that Section 43 of the Code of Civil Procedure is a bar to the present suit in which mesne profits are claimed for a period subsequent to the date of plaint in the former suit in which the plaintiff got a decree for recovery of the immoveable property, but did not claim or get a decree for mesne profits subsequent to the date of the suit.

2. In regard to this it is sufficient to say that the penultimate paragraph of Section 244 of the Code of Civil Procedure necessarily implies that Section 43 is no bar to the suit. We dismiss the appeal with costs.


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