Order 20, rule 2 of Civil Procedure Rules : Order for accounts on counterclaim
A defendant to an action commenced by plaint, and who has filed a counterclaim which includes a claim for an account or a claim which necessarily involves taking an account, on—
(a) the plaintiff;
(b) any other party; or
(c) any person who becomes a party by virtue of such service, may apply for an order under this rule.
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- Order 20, rule 3 - Procedure
An application for such order as is mentioned in rule 1 and 2 shall be made by chamber summons and be supported by an affidavit when necessary, filed on behalf of the plaintiff stating concisely the...
- Order 20, rule 4 - Orders by court
On hearing of the application, the court may, unless satisfied that there is some preliminary question to be tried, order that an account be taken and may also order that any amount certified on...
- Order 21, rule 1 - Judgment, when pronounced
In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within sixty days from the conclusion of the trial notice of...
- Order 21, rule 2 - Power to pronounce judgment written by another judge
(1) A judge may pronounce a judgment written and signed but not pronounced by his predecessor.
(2) A judge of the High Court may pronounce a judgment written and signed but not pronounced by another...
- Order 21, rule 3 - Judgment to be signed
(1) A judgment pronounced by the judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it.
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In suits in which issues have been framed, the court shall state its finding or decision, with the reasons therefor, upon each separate issue.
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- Order 21, rule 7 - Contents of decree
(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, and particulars of the claim, and shall specify clearly the relief...
- Order 21, rule 8 - Preparation and dating of decrees and orders
(1) A decree shall bear the date of the day on which the judgment was delivered.
(2) Any party in a suit in the High Court may prepare a draft decree and submit it for the approval of the other...
- Order 21, rule 9 - Costs
(1) Where the amount of costs has been—
(a) agreed between the parties;
(b) fixed by the judge or magistrate before the decree is drawn;
(c) certified by the registrar under section 68A of the...
- Order 21, rule 10 - 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 the same, and, where such property can be identified by...
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Where the suit is in respect of movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot...
- Order 21, rule 12 - Decree may direct payment by instalments
(1) Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed...
- Order 21, rule 13 - Decree for possession and mesne profits
(1) 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 rent or...
- Order 21, rule 14 - Decree in administration suit
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- Order 21, rule 15 - 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...
- Order 21, 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 hereinbefore provided for, where it is necessary, in order to ascertain the amount of...
- Order 21, 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...
- Order 21, rule 18 - Decree in suit for partition of property or separate possession of a share
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- Order 21, rule 19 - Decree where set-off is allowed
(1) Where the defendant has been allowed a set-off 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...
- Order 21, rule 20 - Certified copies of judgment and decree to be furnished
The registrar, or in the case of a subordinate court, the presiding magistrate shall upon written request made by the parties or any of them, and upon payment of requisite fees, furnish certified...
- Order 22, rule 1 - Modes of paying money under decree
(1) All money payable under a decree or order shall be paid as follows—
(a) into the court whose duty it is to execute the decree;
(b) direct to the decree-holder; or
(c) otherwise as the court...
- Order 22, rule 2 - Payment out of court to decree-holder
(1) Where any money payable under a decree of any kind is paid direct to the decreeholder or the decree is otherwise adjusted in whole or in part to the satisfaction of the decree-holder, the decree-...
- Order 22, rule 3 - Lands situate in more than one jurisdiction
Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more courts, any one of such courts may attach and sell the entire estate or tenure.
- Order 22, rule 4 - Procedure where court desires that its own decree shall be executed by another court
The court sending a decree for execution by another court shall send—
(a) a copy of the decree;
(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution...
- Order 22, rule 5 - Court receiving copies of decree to file same without proof
The court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the court,...
- Order 22, rule 6 - Application for execution
Where the holder of a decree desires to execute it, he shall apply to the court which passed the decree, or, if the decree has been sent under the provisions hereinbefore contained to another court,...
- Order 22, rule 7 - Oral and written applications
(1) Where a decree is for the payment of money the court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of...
- Order 22, rule 8 - Application for attachment of movable property not in judgment-debtor’s possession
Where an application is made for the attachment of any movable property belonging to a judgment-debtor, but not in his possession, the decree-holder shall annex to the application an inventory of the...
- Order 22, rule 9 - Application for attachment of immovable property to contain certain particulars
Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, it shall contain at the foot—
(a) a description of such property sufficient to identify the...
- Order 22, rule 10 - Power to require certified extract from Land Registries in certain cases
Where an application is made for the attachment of any land which is registered in the Land Registries, the court may require the applicant to produce a certified extract from the register of such...
- Order 22, rule 11 - Application for execution by joint decree-holders
(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of...
- Order 22, rule 12 - Application for execution by transferee of decree
Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law,...
- Order 22, rule 13 - Procedure on receiving an application for execution of decree
(1) On receiving an application for the execution of a decree as provided by rule 7(2), the court shall ascertain whether such of the requirements of rules 7 to 9 as may be applicable to the case have...
- Order 22, rule 14. - Execution in case of cross-decrees
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- Order 22, rule 15 - Execution in case of cross-claims under same decree
Where application is made to a court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then—
(a) if the two sums are equal, satisfaction...
- Order 22, rule 16 - Cross-decrees and cross-claims in mortgage suits
The provisions of rules 14 and 15 shall apply when one or both of the decrees for sale is in enforcement of a mortgage or charge.
- Order 22, rule 17 - Simultaneous execution
The court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor.
- Order 22, rule 18 - Notice to show cause against execution in certain cases
(1) Where an application for execution is made—
(a) more than one year after the date of the decree;
(b) against the legal representative of a party to the decree; or (c) for attachment of...
- Order 22, rule 19 - Procedure after issue of notice
(1) Where the person to whom notice is issued under rule 18 does not appear or does not show cause to the satisfaction of the court why the decree should not be executed, the court shall order the...
- Order 22, rule 20 - Process of execution
(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the court shall, unless there is cause to the contrary, issue its process for the execution of the decree....
- Order 22, rule 21 - Endorsement on process
(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in which it was executed, and, if the latest day specified in the process for the return...
- Order 22, rule 22 - When court may stay execution
(1) The court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time to enable the judgment-debtor to apply to...
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No order of restitution or discharge under rule 22 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.
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Any order of the court by which a decree is passed, or of such appellate court as aforesaid, in relation to the execution of such decree, shall be binding upon the court to which the decree is sent...
- Order 22, rule 25 - Stay of execution pending suit between decree-holder and judgment-debtor
Where a suit is pending in any court against the holder of a decree of such court in the name of the person against whom the decree was passed, the court may, on such terms as to security or...
- Order 22, rule 26 - Decree for payment of money
Subject to the provisions of section 38 of the Act, every decree for the payment of money, including a decree for the payment of money as an alternative to some other relief, may be executed by the...
- Order 22, rule 27 - Decree for specific movable property
(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the...
- Order 22, rule 28 - Decree for specific performance or for an injunction
(1) Where any party against whom a decree for the specific performance of a contract, or for an injunction, has been passed, has had an opportunity of obeying the decree, and has wilfully failed to...