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The Code of Civil Procedure, 1908: page 152

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 152, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     the property including any proportionate share in respect of which the claim of any pre-emptor failing
     to comply with the said provisions would, but for such default, have taken effect; and
         (b) if and in so far as the claims decreed are different in degree, that the claim of the inferior
     preemptor shall not take effect unless and until the superior pre-emptor has failed to comply with the
     said provisions.
    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 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.
    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 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.
     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 direction 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
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accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein
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contained with liberty to the parties interested to take such objection thereto as they may be advised.
     18. Decree in suit for partition of property or separate possession of a share therein.—Where the
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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
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     Government, the decree shall declare the rights of the several parties interested in the property, but
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     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.
     19. Decree when set-off or counter-claim is allowed.—(1) Where the defendant has been allowed a
set-off 1[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.—Any decree passed in a suit in which
a set-off 1[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 1[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.
     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.
                                                 2
                                                   [ORDER XXA
                                                       Costs
     1. Provisions relating to certain items.—Without prejudice to the generality of the provisions of this
Code relating to costs, the Court may award costs in respect of,—



1. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
2. Ins. by s. 71, ibid. (w.e.f. 1-2-1977).

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