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Old Friday, October 22, 2010
imran bakht imran bakht is offline
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Mesne Profit:
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Mesne Profit" those profits which a person in wrongful possession of some property actually received or might, with ordinany diligence, have received therefrom. But it shall not include profits due to improvements made by the person in wrongful possession. To claim mesne profit the plaintiff has to prove that the defendant was in wrongful possession of property.The test of ascertaining the amount of mesne profits is not what the plaintiff has lost but what the defendant has or might reasonably have made by his wrongful possession.


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Cause of Action
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The expression cause of action are facts which show the infringement of the rights of a person. Literally cause means reason or right, and action means suit, "reason for filing a suit". In-other words it means causes in shape of facts which give rise to a party to file a suit. Cause of action is a factual situation that entitles one person to obtain a remedy in court from another person. It is infact a group of essential facts which it is necessary for the plaintiff to prove before he can succeed in the suit.


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Preliminary Decree:
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Preliminary Decree means a decree in which further proceedings have to be taken before the suit can be completely disposed-off. A prelimlnany decree declare the rights and obligations of the parties leaving further matters to be determined in subsequent proceedings. In a preliminary decree the court adjudicates upon the rights of the parties, and before passing of the final decree takes steps to enable compete disposal. Ordinarily preliminary decrees are passed in suits; for possession through partition immoveable property, for redemption of mortgaged property, and for rendition of accounts. When any party is aggrieved by a preliminary decree does not appeal therefrom he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

"The difference between final decree and preliminary decree is'that" final decree completely dispose-off the suit while preliminary decree does not.
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