GYARSI RAI AND OTHERS vs DHANSUKH LAL AND OTHERS

The Supreme Court held that in a mortgage suit, a preliminary decree can declare the amount due without accounting for profits realized by the mortgagee, as per Order 34, Rules 4 and 2 of the Code of Civil Procedure and Section 76 of the Transfer of Property Act. The Court ruled that the mortgagor cannot claim accounts for the period prior to the preliminary decree due to res judicata, but can claim for the period after the decree since no dispute could have been raised then. The appeal was dismissed, affirming the High Court's direction for accounting post-decree.