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The Code of Civil Procedure, 1908: page 151

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 151, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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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) Order, after decree, for payment by instalments.—After the passing of any such 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 the payment of
interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or
otherwise, as it thinks fit.
     12. 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;
          1
            [(b) for the rents which have accrued on the property during the period prior to the institution of
      the suit or directing an inquiry as to such rent.
          (ba) for the mesne profits or directing an inquiry as to such mesne profits;]
          (c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
               (i) the delivery of possession to the decree-holder,
               (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder
          through the Court, or
               (iii) the expiration of three years from the date of the decree,
     whichever, event first occurs.                                   e
                                                                     od
     (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.
     2
                                                               aC
       [12A. Decree for specific performance of contract for the sale or lease of immovable property.—
Where a decree for the specific performance of a contract for the sale or lease of immovable property orders
                                                          di
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.]                    In
     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
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 unsecured creditors and as to debts and liabilities provable, and as to
the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time
being, within the local limits of the Court in which the administration suit is pending with respect to the
estates of persons adjudged or declared insolvent; and all persons who in any such case would be entitled
to be paid out of such property, may come in under the preliminary decree, and make such claims against
the same as they may respectively be entitled to by virtue of this Code.
    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 so paid, and
          (b) direct that on payment into Court of such purchase-money, together with the costs (if any)
     decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver
     possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from
     the date of such payment, but that, if the purchase-money and the costs (if any) 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 decree, that the claim of each pre-emptor
     complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of


1. Subs. by Act 104 of 1976, s. 70, for cl. (b) (w.e.f. 1-2-1977).
2. Ins. by s. 70, ibid. (w.e.f. 1-2-1977).

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