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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