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Judgment
5 paragraphs · 108 words
1.
The only question argued for appellant is that Section 43 of the CPC is a bar to the present suit in which mesne profits are claimed for a period
subsequent to the date of plaint in the former suit in which the plaintiff got a decree for recovery of the Immovable property, but did not claim or
get a decree for mesne profits subsequent to the date of the suit.
2.
In regard to this it is sufficient to say that the penultimate paragraph of Section 244 of the CPC necessarily implies that Section 43 is no bar to
the suit. We dismiss the appeal with costs.