Code Of Civil Procedure - Study Mode
[#2001] A files a suit for declaration that he is entitled to certain land as the heir of C. The suit is dismissed. Subsequently suit is claimed on the basis of adverse possession
subsequent suit is barred on the ground of
Correct Answer
(A) Constructive res-judicata
[#2002] Precepts are issued under section 46 of Code of Civil Procedure for
Correct Answer
(C) Attaching the property of the judgment-debtor
[#2003] A decree is preliminary
Correct Answer
(B) When further proceedings have to be taken or the suit to be completely disposed of
[#2004] Decree', as defined by Section 2 of the Code of Civil Procedure, 1908 does not include
Correct Answer
(D) Any order of dismissal for default
[#2005] Mesne profits as defined under section 2(12) Code of Civil Procedure means those profits which the person in wrongful possession of
Correct Answer
(A) Such property actually received or might have received together with interest
Explanation
Solution: Mesne Profits: Definition Section 2(12) of the Code of Civil Procedure (CPC) defines mesne profits as the profits which a person in wrongful possession of property has actually received or might with reasonable diligence have received during the period of his wrongful possession. Explanation of Correct Option (A): Option A, "Such property actually received or might have received together with interest," is the correct answer because it accurately reflects the definition. The "might have received" clause acknowledges that even if the wrongful possessor didn't actively collect all possible profits, they are still liable for what they could have received with reasonable effort. The inclusion of "together with interest" is crucial
the wrongful possessor isn't just accountable for the profits themselves but also for interest on those profits, representing compensation for the delay in receiving them by the rightful owner. Why Other Options are Incorrect: Option B is incorrect because it includes "profits due to improvements made by such person." Improvements made by the wrongful possessor don't increase the mesne profits
the rightful owner is not compensated for the improvements but for the loss of use of the property. Option C is incorrect because it excludes interest. As mentioned above, interest is a vital component of mesne profits, accounting for the delayed receipt of rightful income. Option D is too narrow. It only considers profits "actually received," ignoring the crucial "might have received" aspect of the definition. The wrongful possessor cannot escape liability simply by not actively maximizing profits from the property.