High Court Upholds Impleadment of Legal Heirs and Assessment of Mesne Profits in Property Dispute

In a landmark judgment, the High Court of Punjab and Haryana, presided over by Hon’ble Mrs. Justice Alka Sarin, resolved critical issues surrounding the impleadment of legal representatives and assessment of mesne profits in property disputes. The case titled Balwinder Singh Malhi & Another vs. Rajinder Singh Bath, dealt with the intricacies of Order 22 Rules 3 and 4 of the Code of Civil Procedure (CPC).

The crux of the judgment lay in the interpretation of amendments to Order 22 Rules 3 and 4 CPC. The court was tasked with deciding whether the impleadment of legal heirs post the demise of a plaintiff and the assessment of mesne profits post-judgment were in accordance with legal standards.

The petitioners challenged the lower appellate court's decision allowing the impleadment of Mohinder Kaur Bath, wife of the deceased plaintiff, and the stay on judgment for payment of mesne profits. The defendant-petitioners argued that the application for impleadment was time-barred and contested the calculation of mesne profits.

Justice Sarin, in her detailed assessment, noted, "After the amendment was made by the High Court in Order 22 Rules 3 and 4 CPC, there is no limitation for impleading the LRs." This observation was critical in affirming the lower appellate court's decision on the impleadment of legal heirs.

Regarding mesne profits, the court held, "Keeping in view the location of the suit property I do not find the mesne profits assessed being excessive." This upholds the lower court's assessment, aligning with precedents that mandate fair compensation for the use of property post judgment.

The High Court dismissed the revision petition, finding no illegality or infirmity in the impugned orders. The court directed the lower appellate court to address the pending impleadment application dated 23.07.2019.

Date of Decision: 13.02.2024

Balwinder Singh Malhi & Another vs. Rajinder Singh Bath