...Order1. There is a decree for eviction passed against the appellant on 30-11-2002. The decree also directs inquiry under Order 20 Rule 12 CPC to ...shall be made on or before the 15th day of each month.5. The inquiry under Order 20 Rule 12 CPC may proceed. It has not been stayed....6. The amount paid in terms of this order shall be liable to be adjusted against the liability incurred by the appellant under the final decree passed under Order 20 Rule ...

...the trial court directing the inquiry in regard to mesne profits under Order 20 Rule 12. The respondents be intimated that the appeal will be finally heard and decided at admission stage.”...inquiry relating to mesne profits in terms of Order 20 Rule 12 CPC and in the absence of any specific prayer for any inquiry into that aspect, the same could not have been granted...:“The next ground argued by the learned counsel for the appellant is that the plaintiff did not pray for an inquiry for the mesne profits to be held under Order 20 Rule 12 in the...

...learned counsel for the petitioner that under Order 20 Rule 12(c)(iii) of CPC, mesne profit can only be given by the judgment-debtor to the decree holder for the period of...consideration is as to whether the mesne profit can be awarded under Order 20 Rule 12 of CPC?6. Order 20 Rule 12 CPC omitting the unnecessary por...Order 20 Rule 12(c), CPC. However, the position is the same even under the new Code.9. Section 211 of Civil Procedure Code, 1882 reads as follows:...

...possession and mesne profits. Mesne profits shall be determined by way of separate application filed under Order 20 Rule 12 CPC. So far as the decree for possession is concerned, the same shall not be...in the application filed under Order 20 Rule 12 CPC. The appeal is allowed in the above terms. There shall be no order as to costs....

...in not allowing the appellant to have raised the objection based on the provisions of Order 20 Rule 12 CPC. We agree with this contention. The question sought to be raised was pure question of law and...his right to raise the objection on the basis of Order 20 Rule 12 CPC.13. The case reported as London, Chatham and Dover Railway Co. v. South-Eastern Railway Co...that mesne profits cannot be awarded for the period subsequent to March 7, 1941 in view of the provisions of Order 20 Rule 12 CPC which reads:“12. (1) Where a suit...

...the defendants was wrongful. Determination of future profits obtains under Order 20 Rule 12 CPC from the date of the suit till delivery of possession without any limitation...of interest. The restriction of claim to past profits alone is limited by the language of Order 20 Rule 12 CPC itself. Consequently, if the court was determining mense...

...profits upto 8.1.1976 is not maintainable. Since decree in appeal is passed on 10.09.1969 and view of provision of Order 20 Rule 12(ii)(c) CPC., the petitioner is entitled to...share and the same would be governed by Order 20 Rule 18 CPC and not Order 20 Rule 12 CPC., and the compromise memo on the basis of which decr...Order 20 Rule 12 and even decree contemplated Determination under Order 20 Rule 12 CPC., only and hence, the firs...

...mesne profits that would be decided under Order 20 Rule 12 CPC.4. Nothing comes in the way of the respondents-plaintiffs to execute the judgment and decree of the trial Court as modified in...

...under Order 20 Rule 12 CPC.6. Challenging the said judgment, Defendants 3 and 4, the appellants herein, filed RFAs Nos. 827 and 718 of 2000 and Defendant 2, Respondent 3...premises bearing No. 26, Nissan Huts, Austin Town, Bangalore which originally belonged to Muniyappa, Respondent 3 herein (since deceased). On 23-12-1982, a registered sale deed was executed by Respondent 3...receipt of the order and also directed that the plaintiff is entitled to mesne profits from 10-7-1985 and a further direction was also given to initiate an enquiry for determination of mesne profits...

...the plaintiff has further prayed that till such time that the possession of the suit premises is delivered to the plaintiff, the Court may hold an inquiry under Order 20, Rule 12, ...Order 7, Rule 11, CPC. That order makes it clear that the two parallel proceedings can in law continue simultaneously and this could not be a ground for rejection of the plaint under...Order 7, Rule 11, CPC. A Division Bench judgment of this Court has been relied upon in the said order. The said judgment is a decision dated 10th May, 1996 in RFA No. 94/1996...

...under Order 20 Rule 12 CPC in favour of the respondent (landlord) against the appellant (tenant). The decretal amount is Rs 40,47,999. As against the said decree directing payment of mesne profits, an...Order1. Leave granted.2. The learned counsel for the respondent is present on caveat and with the consent of the learned...counsel for the parties, the matter is heard and disposed of finally in terms of the following order:There is a decree for payment of mesne profits based on an inquiry held...

...direction to the learned court below to pass final order on the application filed by the petitioner under Order 20 Rule 12 CPC in the suit filed by her.2....trial court, in which entire evidence has been led. As the judgment was not delivered, application was filed by the petitioner for pronouncement of order under Order 20 Rule 12 ...petitioner to the respondent-bank. As the lease deed was admitted by the respondent in the written statement filed, partly the suit was decreed for possession under Order 12 Rule 6 CPC...

...Judge is that plaintiff has not established the rate at which the plaintiff has sought mesne profits, viz., Rs.180 per sq. ft. If that be so, an enquiry under Order 20 Rule 12 CPC is essential. It would.... The matter shall be remitted to the trial court for enquiry under Order 20 Rule 12 CPC. 7. Appeal is disposed of with no order as to costs. In view of disposal of the appeal...is filed Under Section 96 Read with Order 41 Rules 1 and 2 of the Code of Civil Procedure praying to Set aside the judgment and decree dated 25.09.2019 passed by the learned X Additional City Civil...

.... Order 20 Rule 12 CPC deals with decree for possession and mesne profits. Order 20 Rule 18 CPC deals with suits ...Court Fees Act: “Whether an appeal from a final decree passed under Order 20 Rule 12(2) CPC, in respect of subsequent mesne profits is not chargeable with ad-valorem Court...Order 20 Rule 12(2) CPC and an ad valorem Court fee must be charged under Article 1 of Schedule-I of the Court fees Act, calculated on the amount of m...

...in O.S No. 20 of 1964.2. The above civil revision arises from out of a petition filed under Order 20 Rule 12 CPC read with Section 151 CPC to mak...1. This revision under Section 115 CPC by the 1st defendant is directed against the order and decree dated March 10, 1970 passed by the Subordinate Judge, Nizamabad, in I.A No. 100 of 1969...petition, the plaintiff stated that the preliminary decree pertaining to the suit lands was passed and confirmed by the High Court. While passing the stay order in C.M.P Nos. 2708 and 6353 of 1966, the...

...least at Rs. 2 lakh p.m., subject to inquiry by a Local Commissioner under Order 20 Rule 12 CPC. (12) The following points arise for consideration ; (1...Order 20, Rule 12 Civil Procedure Code and to pass interim orders rather than wait till disposal of suit for eviction or for comple...is held against the appellant. (25) The order passed against the Bank will however be subject to final orders that may be passed under Order 20, Rule 12 CPC....

...to the suit are concerned but insofar as mesne profits subsequent to the date of the institution of the suit, that is, future mesne profits are concerned, the position is governed by Order 20 Rule 12 CPC w...for her transposition as a co-plaintiff and under Order 1 Rule 10(2) CPC the Court could have transposed her as a co-plaintiff. The power under this provision is exercisable by the Court even suo motu...transposition as plaintiff. But the High Court could, while upholding her claim, well have done so. Apparently it either over-looked the technical defect or felt that under Order 41 Rule 33 it had...

...Order 20 Rule 12 CPC. Assailing the said decree passed in O.S.No.343/2008 on 30.11.2015 by the XXV Additional City Civil and Sessions Judge, Bengaluru City, this appeal was filed.... 2. Learned advocates appearing for the parties filed a compromise petition under Order 23 Rule 3 r/w Section 89 of CPC. Both parties are present before the Court and were identified by their learned...SRI S.R. KRISHNA KUMAR, ADV. FOR C/R) 2 THIS RFA IS FILED UNDER S.96 OF CPC., AGAINST THE...

...Viewing the aforesaid admissions in the pleadings, the plaintiffs are entitled to judgment on admissions under Order 12, Rule 6, CPC regarding the defendant's eviction from the suit prem..., CPC.12. For the foregoing reasons, the application (IA No. 2546/98) is allowed under Order 12, Rule 6, CPC to the extent indicated above....M.S.A Siddiqui, J.— The plaintiffs have filed the application (IA No. 2546/98 under Order 12, Rule 6, CPC for judgment on admissions.2. To...

...profit could be passed under Order 20 Rule 12 CPC. Similarly, no decree for mesne profit could be passed without the enquiry. There is also no calculation of the amount of mesne...further contended that the legal procedure for determination of the mesne profit has also not been followed as provided under Order 20 Rule 12 CPC and no final decree has...Darshan Singh, J. (Oral):— The present revision petition has been preferred against the order dated 18.09.2015 passed by the learned Additional Civil Judge (Sr. Division), Jind, vide which...