INDRA NARAYAN BERA Vs. NARENDRA NATH PATRA

JUDGEMENT

(1.) IN this Rule, the petitioner has challenged the order passed by the learned Munsif on an application under Order 20, rule 12 of the Code of Civil Procedure. The plaintiff filed a suit and got a decree for delivery of possession as also for mesne profits. In execution of the decree for delivery of possession, the petitioner got possession of the suit premises on 26th February, 1968. Admittedly, three years thereafter the plaintiff-decree holder filed an application under order 20, rule 12 for ascertainment of the mesne profits. On the application being made, the judgment-debter filed an objection and centended that the application being after more than three years, the application is barred by limitation. That objection was overruled by the learned Munsif where upon the petitioner moved this court and obtained the present Rule.

(2.) THE only point raised by Mr. palit on behalf of the petitioner before me is that the application under order 20, Rule 12 is barred by limitation being filed after1 more than three years and is hit by Article 137 of the Limitation act, 1963.

(3.) MR. Dhruba Mukherjee on behalf of the opposite party, however, contended that there is no period of limitation fixed of an application under Order 20, rule 12 of the Code of Civil procedure. It is argued by mr. Mukher'jee that suits remaining pending, applications in suits for ascertainment of mesne profits in pursuance of preliminary decree already passed can not be said to be barred by limitation.