upon each separate issue, unless the finding upon any one Exception. or more of the issues be sufficient for the decision of the suit1. decree. 205. The decree2 shall bear date the day on which the Date of judgment was pronounced; and, when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. of decree. 206. The decree must agree with the judgment: it shall Contents contain the number of the suit, the names and descriptions of the parties, and particulars of the claims, as stated in the register, and shall specify clearly the relief granted or other determination of the suit3. The decree shall also state the amount of costs incurred in the suit, and by what parties and in what proportions such costs are to be paid. amend de cree. If the decree is found to be at variance with the judgment, Power to or if any clerical or arithmetical error be found in the decree, the Court shall, of its own motion or on that of any of the parties, amend the decree so as to bring it into conformity with the judgment or to correct such error: provided that reasonable notice has been given to the parties or their pleaders of the proposed amendment". The 76 Cal. 22: 7 All. 875,876. amendment can be made even after the decree has been approved by the appellate Court, 9 Mad. 354. Whether under sec. 622 the High Court can revise such amendments, see 7 All. 276, 875. An order refusing to amend can be revised under that section, 6 All. 125. Sec. 206 gives no power to alter or vary the decree, or to correct errors arising from accidental slips or omissions; this can only be done on a review of judgment or an appeal, 2 All. 505. Section 206 Decree for recovery of 207. When the subject-matter of the suit is immoveable immove- property, and such property is identified by boundaries or able pro- by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers 1. perty. Decree for delivery of moveable 208. When the suit is for moveable property, if the decree be for the delivery of such property, it shall also state the property. amount of money to be paid as an alternative if delivery cannot be had 2. In suits for money, de order certain interest to 3 209. When the suit is for a sum of money due to the cree may plaintiff, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the suit, with further interest at such rate as the Court deems reasonable on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the Court thinks fit4. be paid on principal sum adjudged. Decree may order payment by instal ments. Order, after de 210. In all decrees for the payment of money 5, the Court may for any sufficient reason order that the amount shall be paid by instalments, with or without interest". And after the passing of any such decree the Court may, on the application of the judgment-debtor and with the would not enable the Court, where the 1 Even where there is no such 23. But in the Bengal Mufassal, see 24 Suth. Civ. R. 106: 9 Cal. 825, 871: 14 Cal. 781. As to dámdupát in Bombay, see 3 Bom. 131, 132, and supra, vol. i. p. 564, n. 1. 12 Cal. 569. This does not include decrees in which a sale of land is ordered in pursuance of a contract specifically affecting the property, 2 All. 129, 320, or in which a lien is enforced on a nankar-annuity, 2 All. 649. But the Court cannot order that the amount of a decree shall not be paid until the expiration of a fixed time from its date, 2 All. 649, where the headnote is wrong. 7 within six months from the date of the decree, Limitation Act, art. 175. by instal consent of the decree-holder, order that the amount decreed cree, for payment be paid by instalments on such terms as to the payment of interest, the attachment of the property of the defendant, or the ments. taking of security from him, or otherwise, as it thinks fit: Save as provided in this section and section 206, no decree shall be altered at the request of parties 2. may decree mesne pro 211. When the suit is for the recovery of possession of In suits for immoveable property 3 yielding rent or other profit, the Court 4 land, Court may provide in the decree for the payment of rent or payment of mesne profits in respect of such property from the institution fits with of the suit until the delivery of possession to the party in interest. whose favour the decree is made, or until the expiration of three years from the date of the decree (whichever event first occurs), with interest thereupon at such rate as the Court thinks fit. 5 Explanation. Mesne profits' of property mean those profits which the person in wrongful possession of such property actually received, or might with ordinary diligence have received, therefrom, together with interest on such profits. determine amount of 212. When the suit is for the recovery of possession of Court may immoveable property and for mesne profits which have accrued on the property during a period prior to the insti- mesne profits prior to tution of the suit, and the amount of such profits is disputed, suit, or the Court may either determine the amount by the decree may reitself, or may pass a decree for the property and direct an quiry. inquiry into the amount of mesne profits, and dispose of the same on further orders. serve in tration 213. When the suit is for an account of any property and Adminisfor its due administration under the decree of the Court, the suit. Court, before making the decree, shall order" such accounts 1 2 All. 481: 7 Mad. 152. 2 Sec. 210 confers no authority on the Court to relieve a bond-debtor from a stipulation for the payment of the whole debt on failure to pay punctually any instalment, 4 Bom. 96. 3 9 Bom. H. C. 7. i. e. the Court trying the case. An ámín, 21 Suth. Civ. R. 269, or the Court executing the decree (25 ibid. 270), cannot assess mesne profits. 5 The limit of three years was inserted with a view to ensure speedy execution of such decrees. 68 Suth. Civ. R. 104, per Hobhouse J.: I Agra Misc. App. 17. 7 An order directing an account was formerly unappealable, 9 Cal.773. But now it is a 'decree,' supra, p. 467. For a form see infra, Sched. IV. Nos. 130, 131. Suit to en force right of pre-emption. and inquiries to be taken and made, and give such other directions, as it thinks fit1. In the administration by the Court of the property of any person who dies after this Code comes into force, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured3 creditors and as to debts and liabilities proveable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being with respect to the estates of persons adjudged insolvent ; and all persons who in any such case would be entitled to to be paid out of such property may come in under the decree for its administration, and make such claims against the same as they may respectively be entitled to by virtue of this Code5. 214. When the suit is to enforce a right of pre-emption ® in respect of a particular sale of property, and the Court finds for the plaintiff, if the amount of purchase-money has not been paid into court, the decree shall specify a day on or before which it shall be so paid, and shall declare that on payment of such purchase-money, together with the cost (if any) decreed against him, the plaintiff shall obtain possession of the property, but that if such money and costs are not so paid, the suit shall stand dismissed with costs. 8 Provinces, Suth. Civ. R. 250: 15 ibid. 455 20 ibid. 216: 4 Cal. 831, and in the N. W. Provinces, 2 N. W. P. 222 5 All. 180: 7 All. 107. 7 2 All. 744. If the Court is closed when the time for making the payment expires, the payment, if made on the day when the Court next re-opens, will be deemed to be made within time, 2 N. W. P. 112: 7 All. 107. 8 Where costs are awarded in favour of the preemptor he may, when depositing the purchase-money under the decree, deduct therefrom such costs, 6 All. 352. 9 As to the form of the decree in cases where rival pre-emptors possessing equal rights of pre-emption come forward to enforce the right in respect dissolution 215. When the suit is for the dissolution of a partnership 1, Suit for the Court, before making its decree, may pass an order fixing of partnerthe day on which the partnership shall stand dissolved, and ship. directing such accounts to be taken and other acts to be done as it thinks fit 2. 215 A. When a suit is for an account of pecuniary trans- Suit for actions between a principal and agent, and in all other suits account between prinnot hereinbefore provided for, where it is necessary, in order to cipal and ascertain the amount of money due to or from any party, agent. that an account should be taken, the Court shall, before making its decree, pass an order 3 directing such accounts to be taken as it thinks fit. off is al 216. If the defendant has set-off the amount of a debt Decree against the claim of the plaintiff, and such set-off has been when setallowed, the decree shall state what amount is due to the lowed. plaintiff and what amount (if any) is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party. decree as The decree of the Court, with respect to any sum awarded Effect of to the defendant, shall have the same effect, and be subject to sum to the same rules in respect of appeal or otherwise, as if such awarded to sum had been claimed by the defendant in a separate suit against the plaintiff. 5 defendant. 217. Certified copies of the judgment and decree shall be Certified furnished to the parties on application to the Court, and at copies of their expense. of the same sale, and in cases where one of two rival pre-emptors possesses a right of pre-emption superior to that of the other, see 6 All. 370. That a suit for pre-emption must include the whole of the pre-emptional property, see 6 All. 423, 455. 1 See Sched. IV. Nos. 113, 132, 133. 2 5 All. 500: 7 All. 227. 3 Such an order is a 'decree' (supra, p. 467), and therefore appealable. 4 25 Suth. Civ. R. 275. 5 not merely translations, I Bom. H. C. 165. judgment and decree. |