ORDER XX JUDGMENT AND DECREE - RULE 15, 16, 17, 18, 19, 20 OF CODE OF CIVIL PROCEDURE 1908

What is Decree in suit for dissolution of partnership? What is Decree in suit for account between principal and agent? What is Special directions as to accounts? What is Decree in suit for partition of property or separate possession of a share therein? Decree when set-off or counter-claim is allowed? What is the meaning of Certifies copies of judgment and decree to be furnished? Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908

Decree in suit for dissolution of partnership, Decree in suit for account between principal and agent, Special directions as to accounts, Decree in suit for partition of property or separate possession of a share therein, Decree when set-off or counter-claim is allowed and Certifies copies of judgment and decree to be furnished are defined under Rule 15, 16, 17, 18, 19 and 20 of Order XX of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 15 Order XX of Code of Civil Procedure 1908 "Decree in suit for dissolution of partnership"

Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.

Rule 16 Order XX of Code of Civil Procedure 1908 "Decree in suit for account between principal and agent"

In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the account of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit.

Rule 17 Order XX of Code of Civil Procedure 1908 "Special directions as to accounts"

The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima fade evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.

Rule 18 Order XX of Code of Civil Procedure 1908 "Decree in suit for partition of property or separate possession of a share therein"

Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,-

(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;

(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.

Rule 19 Order XX of Code of Civil Procedure 1908 "Decree when set-off or counter-claim is allowed"

(1) Where the defendant has been allowed a set-off or counter-claim against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.

(2) Appeal from decree relating to set-off or counter-claim- An decree passed in a suit in which a set-off 98[or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off or counter-claim had been claimed.

(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.

Rule 20 Order XX of Code of Civil Procedure 1908 "Certifies copies of judgment and decree to be furnished"

Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense.

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