2+ Lawyers are online
Claiming Mesne profits while lawsuit is pending before court
12-Jul-2023 (In Civil Law)
I have filed a original suit before civil court against my brother for creating fraudulent documents and grabbing my share of property. The suit is for cancellation of the fradulently created documents. While filing the said suit I have not claimed the rents which he is collecting forcebly and illigally from the tenants who are in occupation in my share of property. The suit is in trail stage and my chief evidence is completed. Now how to claimthe misne profits in the suit. If i amend the suit again it will take a long time and come to start. Is there any simple way to claim my money.
You can apply for Mesne profits. Your lawyer will guide you accordingly. I am quoting some reference...
[Before the Parliament amended the C.P.C. in 2002, there did not exist much
difficulty in understanding the stage of commencement of trial.
The moment the
first witness to be examined in the case entered the witness box, and the Court
started recording the evidence, the trial of the suit commenced. However, with
the introduction of process of filing of affidavits in lieu of chief-
examination, the occasion for the Court to apply its mind at the stage of chief-
examination would arise only when the documents mentioned in the affidavit are
taken on record, after satisfying itself as to admissibility and relevance.
In certain cases, the Court has to bestow its attention as to whether the affidavit
contains the gist of pleadings of the concerned witness or whether it has
introduced something alien to the case. Filing of affidavit will not totally
relieve the Court of its obligation, to apply its mind at that stage. ]
Helpful?
21+
21+
Adv. Sanjeevi Krishna Rao
Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
Chat
as per the amendment of the 2005 to the civil procedure code you cant amend the plaint after commencement of trial and chief examination without showing a reasonable cause. so please go through the recent prevailing laws and accurate facts
Helpful?
11+
11+
Adv. Innamuri Balasubramanyam
Adv. Innamuri Balasubramanyam
Rajahmundry | 700+ Answers
Chat
Dear Client,
Why did you file a suit for cancellation of fraudulent created documents. You need not file a suit for cancellation of fraudulently created documents by your brother. He may create several documents. You must file a suit for partition to get your share of property including claiming share of mesne profits ( Past and future ). You must ignore the transactions and creation of documents by your brother on joint family properties. After partition you can straight away file a petition to execute the order of partition on your brother as well as on third parties who brought into possession by your brother fraudulently. It is wrong to file a suit for cancellation of fraudulently created documents. There is no need to do so. Now file a suit for partition as soon as possible including for mesne profits. Take expert legal advise. Don`t delay the matter.
Helpful?
15+
15+
Adv. Sistla Rama Krishna
Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.
Connect with top
Civil lawyers for your
specific legal issue
No Comments! Be the first one to comment.
- Mere educational certificate or adar pen caste may father surname mism
- witholding transcripts and degree certificate
- Mismatch of father name surname in education certificate and adar pe
- Child birth certificate name after father's name changed legally.
- Child birth certificate name after father's name changed legally.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
