# respect of the land

- **Citation:** C.L. No. 1/VII
- **Court:** Allahabad High Court
- **Decided:** 1957-11-27
- **Case number:** C.L. No. 1/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/respect-of-the-land-163212
- **Pages:** 1

## Text

177
2-
The rate and total amount of compensation offered by the Collector in
respect of the land;
3-
The rate and the amount at which enhancement of compensation is sought
in the reference (difference of 3 and 2 will help in determining the
valuation of the reference).
4-
Rate per unit and the total amount awarded by the District Judge
(difference of 4 and 3 will determine the enhancement made by the court
which will help in determining the costs to be awarded to the parties);
5-
Compensation awarded for buildings, wells or trees etc., by the court and
by the Collector;
6-
Proportionate amount of success and failure of the parties to the reference;
7-
The rate and amount of solatium payable to the claimants;
8-
The rate and period which interest is payable to the claimants;
9-
Grand total
On the basis of these particulars the decree should also indicate the cost incurred
by either side in the column meant for the purpose. These particulars in a decree will be
essential for the purpose of calculating the extent of the claim accepted by the Court and
for fixing the valuation of the appeal in accordance therewith.
I am, therefore, to request you kindly to bring the contents of this letter in the
notice of all concerned and also ensure compliance of these directions.
(iv)
Mortgage suits
C.L. No. 1/VII d-120 dated 27th November, 1957
Mortgage suits should not be kept pending after the preliminary decree is passed.
The suit should be treated as disposed of as soon as a preliminary decree is passed and
the record consigned to the record-room. After an application for preparation of a final
decree is presented the record should be sent for and proceedings continued. The plaintiff
has a right to apply for the preparation of a final decree at any time within the period of
three years prescribed by the Limitation Act, and it is only when such an application is
made that proceedings for a final decree can be commenced. When such proceedings are
resumed, the case should again be shown as pending.
(v)
Small cause court decree
G.L. No. 51/46/120, 92 dated 13th December, 1939
Small cause court decrees may (notwithstanding the provisions of Order XX, rule
21, Civil Procedure Code) be shown to counsel who want to see them.
(vi)
Amendment
G.L. No. 51/46/120 dated 13th December, 1939
Application for amendment of decree should be carefully scrutinized and in every
case it should be noted whether the mistake is intentional or accidental. A clerk who is
found to have been guilty of preparing wrong decrees, or of including a set of expenses in