Final decree
Sanjeevappa. L
(Querist) 09 April 2011
This query is : Resolved
Suit for partition decreed. Final decree passed and possession has been delivered. Now i want file another final decree for mesne profits. Can i file such second FDP?
please provide me citation in this regard.
Thanks in advance.
Naresh Kudal
(Expert) 09 April 2011
what do you want to file? case or decree? I think your question is wrong. And if you want to file a case for mesne profit, law is very clear that for one cause of action you can file only suit and you need to claim all the reliefs in single suit. if any relief is not demanded, it will be treated that you waived.
Sanjeevappa. L
(Querist) 09 April 2011
In other words, suit for partition is decreed, in RSA there was an observation that there should be a seperate enquiry for mesne profits. I have filed Final decree proceedings which was closed by alloting specific share and possession was also handed over in an execution petition.thus final decree is closed, but enquiry on mesne profit was not done and without considering the mesne profit the final decree proceedings was closed. Now can I file another final decree proceeding application for mesne profits? or whether I have to re-open the earlier final decree proceedings to assertain and to get mesne profits. Please provide citations in this regard.
niranjan
(Expert) 09 April 2011
Yes you can do so.
