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Judgment
Das, J.—These appeals must succeed. The decision of the Full Bench of the Calcutta High Court in Puran Chand v. Roy Radha Kishen [1892] 19 Cal. 132 is conclusive so far as this point is concerned.
It may be pointed out that before the amendment of the present CPC the Calcutta High Court took the view that proceedings in determining the amount of mesne profits are not proceedings in execution of a decree but merely a continuation of the original suit and carried on in the same way as if a single suit was brought for mesne profits by itself so that the amendment of the CPC merely gives effect to the view consistently taken by the Calcutta High Court in this matter.
Now, this being the position the Calcutta High Court had to consider whether to an application for ascertainment of mesne profits Article 178 of the old Limitation Act which corresponds to Article 181 of the present Limitation Act applied and it held that it did not apply.
The learned Chief Justice of the Calcutta High Court in delivering the judgment of the Full Bench pointed out that to make the provisions of Article 178 applicable, the application must be of such a nature that the Court would not be bound to exercise the powers desired by the applicant without such an application being made, and the Full Bench, finally decided that an application for ascertainment of mesne profits being an application in the suit itself, is not governed by any provision of the Limitation Act.
This view was taken by this Court in Bhatu Ram Modi and Another Vs. Fogal Ram, . The result is that these appeals succeed. The orders passed by the; Court below are set aside and the cases remanded to that Court for disposal according to law. There will be no costs of these appeals.
James, J.
I agree.