SAHIDULLAH MUNSHI,J. - (1.) The Court : GA 2432 of 2017 has been filed taking out exception to the report of the Special Referee filed on 22nd December, 2016 in CS no. 115 of 2013. A Special Referee was appointed by this court by a decree passed on 9th February, 2015 whereby this Hon'ble Court directed the Special Referee to ascertain the amount of mesne profit payable by the defendant as also the arrears of rent. By the said decree passed on 9th February, 2015, this Court also held that the defendant's possession in the suit premises is illegal and the defendant was liable to be evicted and consequently the Court passed a decree in part allowing claim 'A' of the plaint.
(2.) Today this Court is to consider whether GA No.2432 of 2017 can, at all, be entertained and whether the Court should pass a decree on mesne profit consequent to the decree for eviction was passed on 9th February, 2015.
(3.) So far the maintainability of GA 2432 of 2017, as raised by the plaintiff/respondent, I am convinced that this application, taking out exception to the aforesaid report of the Referee, is not maintainable. In view of the order dated 23rd December, 2016, this Court has already held that no objection can be entertained unless the fees of Special Referee was paid within the time frame. The defendant having failed to pay such fees within time and there having been no application for modification of the order dated 23rd December, 2016, this Court is of the considered view that the application is not maintainable at all and the same is liable to be dismissed.;