Supreme Court of India · 1964-12-18
CHITTURI SUBBANNA vs KUDAPA SUBBANNA & OTHERS
- Citation / case number
- SC 1961/267
- Court
- Supreme Court of India
- Petitioner
- CHITTURI SUBBANNA
- Respondent
- KUDAPA SUBBANNA & OTHERS
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that the High Court erred in not allowing the appellant to raise an additional ground based on Order XX, Rule 12 of the Code of Civil Procedure, which pertains to the calculation of mesne profits. The Court established that a question of pure law can be raised at any stage of litigation, and the refusal of the High Court to permit this was not in accordance with legal principles. The Court clarified that the respondent was not entitled to mesne profits beyond three years from the date of the preliminary decree, as the limitation period had expired, thus allowing the appeal and setting aside the High Court's decision.