C DHARMARAJ VELLALAR Vs. RAMACHANDRA VELLALAR

JUDGEMENT

(1.) DEFENDANT in O.S. No. 5 of 1960, on the file of the Sub Court, Pattukkottai, is the revision petitioner.

(2.) SUIT filed by the plaintiff was one for partition and separate possession. In the plaint, there was also a relief for mesne profits. The suit was decreed on 8-2-1965 and a preliminary decree was passed. There was an appeal before this Court as A.S. No. 339 of 1965, which was also dismissed. An appeal before the Supreme Court also failed. A final decree was passed in I.A. No. 303 of 1971 on 24-1-1979. There were also several proceedings between the parties, and, in I.A. No. 423 of 1991, an application was made by the 1st respondent herein to appoint a Commissioner to ascertain the mesne profits. It is against the order passed in the said I.A., the present Civil Revision Petition is filed.

(3.) IN this revision by the defendant, against the order of the court below, where by it appointed a Commissioner to ascertain the mesne profits, it is contended that once a final decree is passed in a partition suit, the court has no jurisdiction to appoint a Commissioner to ascertain the mesne profits. The Court has become functus officio and nothing more survives once a final decree is passed.