Code of Civil Procedure, 1908
Order XX CPC Rules 15 to 20: Partnership, Accounts, Partition and Certified Copies
Order XX Rules 15 to 20 of the Code of Civil Procedure, 1908 deal with decrees in partnership and accounting suits, special directions for taking accounts, decrees for partition or separate possession, decrees involving set-off or counter-claim, and supply of certified copies of judgments and decrees.
Rule 15 - Decree in suit for dissolution of partnership
Where a suit is for dissolution of a partnership or for taking 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 - 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 previously provided for where it is necessary, in order to ascertain the amount 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 - 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 facie 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 - Decree in suit for partition of property or separate possession of a share
Where the Court passes a decree for partition of property or for separate possession of a share therein:
(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 section 54; and
(2) if and in so far as the decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot conveniently be 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 - 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 recovery of any sum which appears to be due to either party.
(2) A decree passed in a suit in which a set-off 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 - Certified 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.