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Law · Q1367

Code Of Civil Procedure

Graduate and Post Graduate · Law · question 1367

Q1367

Every suit is to decide the whole claim. However, a separate suit for mesne profits from the date of decree to delivery of possession:

A.
Is barred because no claim of mesne profits was sought in the earlier suit
B.
Is barred because the claim of mesne profits prior to the date of decree stands barred under O. 2, r 2
C.
Is not bared because the claim of mesne profits arises after the decree in the suit and so the decree gives a new cause of action
Answer
D.
None of these

Answer: Option C

Solution

Answer: Option C
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