BAJRANGLAL Vs. GAJANAND

JUDGEMENT

(1.) This civil revision under Section 115 of CPC is preferred challenging the order dated 30.11.2017 passed by First Civil Judge Class-1, Sheopur in Execution Case No. 317/06 x 2000 (Gajananda vs. Goura), whereby the objection raised by the petitioners under Section 47 CPC has been rejected.

(2.) It is submitted by 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 three years and not exceeding it. Therefore, the trial Court has erred in passing the impugned order dated 30.11.2017.

(3.) On the contrary, leaned counsel for the other side have supported the impugned order and prayed for dismissal of the civil revision.