M/S RAPTAKOS, BRETT & CO. LTD. versus M/S GANESH PROPERTY

M/S RAPTAKOS, BRETT & CO. LTD. versus M/S GANESH PROPERTY

The respondent, having relinquished the claim for mesne profits in the earlier suit, is barred by Order II Rule 2 CPC and estoppel from filing a subsequent suit for mesne profits for the same period. The issue of mesne profits attained finality and the second suit does not disclose a cause of action.

Parties
Appellant: MIS RAPTAKOS, BRETT & CO. LTD.; Respondent: MIS GANESH PROPERTY
Jurisdiction
India
Judgment Date
05 September 2017
Procedural Posture
Civil Appeal / Supreme Court Appeal Against High Court Judgment
Outcome
Appeal allowed. Subsequent suit not maintainable.
Legal Topics
Order II Rule 2 CPC, Mesne Profits, Estoppel, Res Judicata
Civil Procedure Order II Rule 2 CPC Mesne Profits Estoppel Res Judicata

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Parties

MIS RAPTAKOS, BRETT & CO. LTD.

Appellant

MIS GANESH PROPERTY

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether the subsequent suit for mesne profits by the respondent after relinquishing the claim in an earlier suit is maintainable under Order II Rule 2 CPC
  2. 2 Whether the respondent is estopped from claiming mesne profits in a fresh suit after not pressing the claim in earlier proceedings

Ratio Decidendi

The respondent, having relinquished the claim for mesne profits in the earlier suit, is barred by Order II Rule 2 CPC and estoppel from filing a subsequent suit for mesne profits for the same period. The issue of mesne profits attained finality and the second suit does not disclose a cause of action.

Court Disposition

Appeal allowed. Subsequent suit not maintainable.

Orders

  • The appeal is allowed.
  • Civil Suit No. 457 of 1998 (for mesne profits) stands rejected/does not disclose cause of action.