ALLURI TIMMARAJU Vs. ALLURI NARASIMHA RAJU

JUDGEMENT

(1.) Plaintiff sued for possession with mesne profits. The Additional District Munsif of Rajahmundry dismissed his suit. The Appellate Court decreed the suit on 3 February, 1919. On the 30 November, 1921, the plaintiff put in an application under Order 20, Rule 12, for the determination of mense profits. He paid batta, but service of notice was not effected, and, on his failure to pay additional batta, the court dismissed the application. He applied again on 6 December, 1922, more than three years after the date of the Appellate Court decree. The question for determination is whether plaintiff is not now debarred from having the mesne profits ascertained.

(2.) There can be no doubt that the application of December, 1922, is an application within the scope of Art. 181 of the Indian Limitation Act, and, being three years subsequent to the time when the right to apply accrued, it is clearly barred-

(3.) But the application of November, 1921, was within time and it is not so clear that plaintiff may not even now treat it as effective.