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The Code of Civil Procedure, 1908: page 294

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 294, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to
the day of …………………….

    [Such part only of this decree is to be used as is applicable to the particular case.]

                                                    No. 18

                       FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE

                                                    (Title)

    1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay
into Court the sum of Rs. ………….. , the balance by the said certificate found to be due from the said
defendant on account of the estate of …………….. , the testator and also the sum of Rs. ……… for
interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to
the …………. day of …………, amounting together to the sum of Rs. ………………..

    2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit,
and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. …………….
ordered to be paid into Court as aforesaid, as follows:—
                                                                      e
        (a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of
    the defendant to Mr. ……………… , his attorney [or pleader].    od
        (b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment
                                                         aC
    of the plaintiff’s and defendant’s costs as aforesaid let the sums, found to be owing to the several
    creditors mentioned in the…………….schedule to the certificate, of the …………...*, together with
                                                     di
    subsequent interest on such of the debts as bear interest, be paid; and, after making such payments, let
                                                In
    the amount coming to the several legatees mentioned in the ………………. schedule, together with
    subsequent interest (to be verified as aforesaid), be paid to them.

    3. And if there should then be any residue, let the same be paid to the residuary legatee.

                                                    No. 19

   PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD
                           PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES

                                                    (Title)

     1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed
to the plaintiff.

    2. And it is ordered that an account be taken of what is due for principal and interest on the said
legacy.

    3. And it is also ordered that the defendant do, within …………….. weeks after the date of the
certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify
to be due for principal and interest.

    4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in
case the parties differ.



* Here insert name of proper officer.




                                                     294

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