Can the right to mesne profits be attached in execution of a decree?

 A crucial question arises: Can the right to mesne profits be attached in execution of a decree?

  • Yes, the right to mesne profits can be attached and executed under Order 21, Rule 42 of CPC.

  • If a decree is passed for possession along with mesne profits, the decree-holder can apply for execution to recover the mesne profits.

  • However, if mesne profits are unascertained, a separate inquiry under Order 20, Rule 12 of CPC is required to determine the exact amount before execution.

Comments

Popular posts from this blog

Important sections of the Bharatiya Nyaya Sanhita, 2023 (BNS) along with key points:

MCQs on Bharatiya Nyaya Sanhita, 2023

The Hon'ble Supreme Court Landmark rulings on Impleadment of Parties (Striking out or adding parties at any stage of a proceeding) necessary and Proper Party Order 1 Rule 10 of the CPC, 1908