INDRADEO PRASAD SINGH Vs. SHEONATH PRASAD SINGH

JUDGEMENT

(1.) The Civil Revision Petition has been referred by a Division Bench to the Full Bench for settling the correctness of the two inconsistent Bench decisions of the Patna High Court in Ram Narain Prasad Sah v. Ramji Prasad Sah (AIR 1956 Pat 244) and in Ajodhya Missir v. Nageshwar Prasad (1963 BLJR 297).

(2.) The short point of law for consideration in this revision petition is : Whether an application by the plaintiff in the course of the preparation of the final decree for an enquiry into the profits of the properties realised by the defendants during the pendency of the suit and before the preparation of the final decree is maintainable or not?

(3.) The answer must be given in the affirmative. To start with, in the earliest decision of the Privy Council, Pirthipal v. Jowahir Singh, (1887) ILR 14 Cal 493, their Lordships of the Privy Council held :