IMPORTANT JUDGMENTS(WHERE PUBLIC INTEREST IS AT LARGE)AND CIRCULARS OF THE HON'BLE HIGH COURT WILL BE POSTED IN THIS BLOG FOR USE OF STAKE HOLDERS OF LEGAL FRATERNITY
Thursday, 26 April 2018
Suit for partition - Past profits and future profits- Court fee payable
In 1967-SC-155-It was held that in view of Or 7 Cpc.and Sec7 Central CFAct, for claim of past profits plaintiff must plead cause of action and specifically claim decree for past profits, value the claim and pay court fees. With regard to future profits, the plaintiff has since no cause of action as on the date of institution of the suit, it is not possible to plead cause of action or value the relief and pay court fees in respect of future profits. Further, he can obtain relief in respect of the future cause of action of future profits in the suit as per Or 20 R12 or 18 CPC. The court has discretionary power to pass a decree directing an enquiry in to future profits and can grant the general relief even it is not asked for in the plaint. Relied upon 1951-Mad-938 (FB) and 1958-AP-517. Explained 1952-SC-358.
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