Advocate Zeshan Ul Haque Kohidamani

  2. MESNE PROFITS: Meaning:  The expression has the same meaning in Section 2(12) and 144 of the Code, it means those profits to which a person is entitled but from which he has been kept out by the defendant. Mesne profits can be claimed only regarding immovable property and not in regard to such property which cannot be deemed to be immovable property. Mesne Profits of Property:  Mesne profits of property also include those profits, which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits. The expression, however, does not include the profits due to improvements made by the person in wrongful possession. Object of Awarding Such Profits:  The main object is to compensate the person entitled to be in possession of the property. A person who is entitled to actual possession can claim mesne profits. The very foundation of the cause of action for mesne pro...

Purpose of Rule: The Purpose of this rule is to ensure due and proper representation on behalf of minor defendant through a guardian ad litem. It is the duty of the court to appoint a guardian ad litem as soon as it becomes aware of the defendant's minority, and thereafter it cannot proceed ex-parte against a minor defendant.  Duty of the Plaintiff: It is the duty of the plaintiff to apply for the appointment of a minor defendant's guardian ad litem. The guardian ad litem of a minor defendant is appointed by order of the court, whilst a next friend of minor plaintiff appoints himself by merely filing the suit on behalf of the minor. The appointment of a guardian ad litem ensures for the whole litigation including appeal and execution. Disputed the Factum of Minority: Where the factum of minority is disputed, the court should determine it. A minor defendant is not considered to be a party to the suit till such time as he is represented by a guardian ad litem, and as such a dec...