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What Are The Essential Contents Of A Decree (Code of Civil Procedure, 1908, India)?

January 18, 2019 0 Comment

(3) Particulars of the claim;

(4) clear specification of the relief granted or other determination of the suit;

(5) The amount of costs incurred in the suit and by whom or out of what properly and in what proportion such costs are to be paid;

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(6) Any direction as to the setting off of the costs payable to one party by the other against any sum found to be due from the former to the latter;

(7) The date on which the judgment was pronounced;

(8) The signature of the judge. (O. 20, Rr. 6-7],

Additional contents of decrees in particular cases:

In a suit relating to recovery of immovable property, the decree shall contain a description of such property sufficient to identify the same, specifying the boundaries or numbers in the settlement record whenever necessary. [O. 10. R. 9].

A decree for delivery of movable property shall also state the amount of money to be paid as an alternative if delivery cannot be had.

In a decree for payment of money, the court may for any sufficient reason incorporate in the decree, after hearing such of the parties who had appeared personally or by pleader at the hearing before judgment, an order that payment of the amount decreed shall be postponed or shall be made by installments, with or without interest, notwithstanding anything contained in the contract under which the money is payable. [O. 20, R. 11 (1)].

But after the passing of a decree for the payment of money the court can subsequently order the postponement of the payment of the decretal amount or payment by installments only on the application of the judgment-debtor, which must be made within thirty days from the date of the decree, (Art. 126, Limitation Act) and with the consent of the decree-holder, on such terms as to the payment of interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or otherwise, as it thinks fit. [O. 20, R. 11 (2)).

An order for payment by installments cannot be made by the court which passed the decree after it has merged in a decree of the superior court, nor by the court to which the decree is transferred for execution.

Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree:

(a) For the possession of the property;

(b) For the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent; (ba) for the mesne profits or directing an inquiry as to such mesne profits;

(c) Directing an inquiry as to rent or mesne profits from the institution of the suit until—(i) the delivery of possession to the decree-holder, (ii) the relinquishment of possession by the judgment-debtor, with notice to the decree-holder through the court, or (iii) the expiration of three years from the date of the decree, whichever event first occurs.

Where an inquiry is directed under clause (b) or clause (c) a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry. (O. 20, R. 12).

Where a decree for the specific performance of a contract for the sale or lease of immovable property orders that the purchase money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made. (O.20, R. 12-A).

A decree in a pre-emption suit, where the purchase-money has not been, paid into court shall specify a date on or before which the purchase-money shall be paid and direct that on payment into court of such purchase-money with costs, the defendant shall deliver possession of the property to the plaintiff; but that if the payment is not made the suit shall be dismissed with costs.

Where the court has adjudicated upon rival claims to pre-emption the decree shall direct—

(i) If the claims are equal in degree that the claims of each pre-emptor shall take effect in respect of a proportionate share of the property; and

(ii) If the claims decree are different in decree, that the claims of the inferior pre-emptor shall not take effect until the superior pre-emptor has failed to pay. [O. 20, R. 14].

In a decree where the defendant has been allowed a set off against the claim of the plaintiff, it shall state what amount is due to the plaintiff, and what amount is due to the defendant, and the decree shall be for the recovery of any sum which appears to be due to either party. [O. 20, R. 19].

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