Order XX CPC Rules 8 to 14: Decrees for Property, Money and Administration Suits

Rule 8 - Procedure where Judge has vacated office before signing decree

Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.

Rule 9 - Decree for recovery of immovable property

Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify it and, where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.

Rule 10 - Decree for delivery of movable property

Where the suit is for movable property and the decree is for delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.

Rule 11 - Decree may direct payment by instalments

(1) Where and in so far as a decree is 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 last hearing before judgment, an order that payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.

(2) After the passing of such a decree, the Court may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to payment of interest, attachment of the judgment-debtor's property, taking security from him or otherwise, as it thinks fit.

Rule 12 - Decree for possession and mesne profits

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

(a) for possession of the property;

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

(ba) for mesne profits, or directing an inquiry as to such mesne profits;

(c) directing an inquiry as to rent or mesne profits from institution of the suit until:

(i) delivery of possession to the decree-holder;

(ii) relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court; or

(iii) expiration of three years from the date of the decree, whichever event first occurs.

(2) 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.

Rule 12A - Decree for specific performance of contract for sale or lease of immovable property

Where a decree for 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.

Rule 13 - Decree in administration suit

(1) Where a suit is for an account of any property and for its due administration under the decree of the Court, the Court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made and giving such other directions as it thinks fit.

(2) In the administration by the Court of the property of any deceased person, if such property proves insufficient for payment in full of his debts and liabilities, the rules in force within the local limits of the Court relating to the respective rights of secured and unsecured creditors, debts and liabilities provable, and valuation of annuities and future and contingent liabilities in insolvency shall be observed, and all persons entitled to be paid out of such property may come in under the preliminary decree and make such claims as they are entitled to by virtue of this Code.

Rule 14 - Decree in pre-emption suit

(1) Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall:

(a) specify a day on or before which the purchase-money shall be paid; and

(b) direct that, on payment into Court of such purchase-money together with the costs, if any, decreed against the plaintiff on or before the specified day, the defendant shall deliver possession of the property to the plaintiff, whose title shall be deemed to have accrued from the date of such payment; but if the purchase-money and costs are not so paid, the suit shall be dismissed with costs.

(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct:

(a) if and in so far as the claims decreed are equal in degree, that the claim of each pre-emptor complying with sub-rule (1) shall take effect in respect of a proportionate share of the property, including any proportionate share in respect of which another pre-emptor has failed to comply; and

(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-emptor shall not take effect unless and until the superior pre-emptor has failed to comply with sub-rule (1).