https://www.taxtmi.com/caselaws?id=172590 A civil appellate court cannot award mesne profits, damages, or compensation unless that relief was pleaded and put in issue in the suit. Order II Rule 2 requires the whole claim arising from the cause of action to be included, while Order II Rule 4 permits joinder of mesne profits or damages with a possession suit only if they are properly claimed and dealt with under the Code. On appeal under Section 96 CPC, the court remained confined to the pleadings and framed issues and could not create an additional equitable claim. The compensation award was therefore unsustainable and was set aside. en-us Tue, 18 Sep 2007 00:00:00 +0530 Thu, 11 Aug 2016 10:28:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=172590 A civil appellate court cannot award mesne profits, damages, or compensation unless that relief was pleaded and put in issue in the suit. Order II Rule 2 requires the whole claim arising from the cause of action to be included, while Order II Rule 4 permits joinder of mesne profits or damages with a possession suit only if they are properly claimed and dealt with under the Code. On appeal under Section 96 CPC, the court remained confined to the pleadings and framed issues and could not create an additional equitable claim. The compensation award was therefore unsustainable and was set aside. Case-Laws Indian Laws Tue, 18 Sep 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=172590