The pleadings following the filing of the petition and the proceedings thereon shall be the same as in ordinary civil actions, but no matters shall be pleaded or presented which were or might have been denied in such action of ejectment. The defendant may plead a recovery by such defendant, or any other person, of the same premises, or of part thereof, subsequent to the verdict of the jury if tried by a jury, or to the finding of the court if tried without a jury, in such action of ejectment, in bar or in mitigation of the damages claimed by the plaintiff.
6-136.Pleadings.
Article VI. Ejectment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProvides that pleadings after the mesne-profits petition follow ordinary civil practice, bars relitigating what was or could have been denied in the ejectment action, and lets the defendant plead a later recovery of the premises in bar or mitigation of damages.
Full Text of 735 ILCS 5/6-136
Plain-English Summary
Once the mesne-profits petition and its service are complete under 6-133 through 6-135, this section governs what happens next. The pleadings following the petition, and the proceedings on those pleadings, follow the same course as in ordinary civil actions, continuing the pattern set by 6-134's requirement that the petition itself track the form of an ordinary complaint.
The section then imposes a limit tied back to the earlier ejectment action: no matters may be pleaded or presented in the petition proceeding that were, or might have been, denied in the ejectment action itself. This reinforces the conclusiveness 6-131 gives to the ejectment judgment by keeping the mesne-profits stage from reopening issues already settled, or issues the defendant had a chance to raise and did not.
The section does allow one specific defense going forward: the defendant may plead a recovery, by that defendant or by any other person, of the same premises or part of them, occurring after the verdict or finding in the ejectment action. That later recovery may be pled either in bar of the plaintiff's mesne-profits claim or in mitigation of the damages claimed, giving the defendant a way to account for a change in who holds the property since the ejectment verdict.
Frequently Asked Questions
What rules govern the pleadings that follow the mesne-profits petition?
The same rules that apply to pleadings and proceedings in ordinary civil actions.
Can a defendant relitigate an issue already decided in the ejectment action?
No. The section bars pleading or presenting matters that were, or might have been, denied in the ejectment action.
What specific defense may the defendant raise despite that limit?
A recovery, by the defendant or by any other person, of the same or part of the same premises, occurring after the verdict or finding in the ejectment action.
How can the defendant use that later recovery?
Either in bar of the plaintiff's mesne-profits claim, or in mitigation of the damages the plaintiff claims.
How does this section relate to 6-131's conclusiveness rule?
It reinforces that conclusiveness at the petition stage by preventing the defendant from reopening matters already, or previously available to be, contested in the ejectment action.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: pleadings after mesne profits petition illinoisbarred from relitigating ejectment issuessubsequent recovery of premises defensemitigation of mesne profits damages