# respect of the land

- **Citation:** C.L. No. 1/VII
- **Court:** Allahabad High Court
- **Decided:** 1968-06-17
- **Case number:** C.L. No. 1/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/respect-of-the-land-163213
- **Pages:** 2

## 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
178
the memorandum of costs in certain decrees and, without valid reasons, not including
these in others of a similar nature, should be severely dealt with.
(vii)
Report under section 82, C.P.C.
C.L. No. 20 dated 4th March, 1959
Reports under section 82 of the Code of Civil Procedure regarding nonsatisfaction of decrees should invariable be sent to Government in duplicate.
C.L. No. 15/VII d-140 dated 2nd February, 1961

Non-compliance of the directions in the preceding paragraph is a serious matter
and Munsarims of the courts concerned will be held personally responsible for any
failure.
C.L. No. 99/VII-b-11 dated 3rd November, 1961

In order to avoid delay and facilitate location of the administrative department
concerned the designation of the Head of Department should be mentioned in the plaint at
the place where the names of the plaintiff and defendant are given in the beginning as
illustrated below: the ―State of Uttar Pradesh through the .......‖ (Designation of the
Head of the Department) plaintiff.
(viii) Execution in Jammu and Kashmir
C.L. No. 51/VIIIb-16-4/55 dated 30th August, 1955

The decrees passed by a civil court in India may be executed through a court
situate in the State of Jammu and Kashmir as if the decree had been passed by such a
court in that State.
(ix)
Execution in foreign countries
C.E. No. 73/VIII-b-245 dated 11th August, 1969
Under notification, dated June 17, 1968, Republic of Singapore has been declared
a reciprocating territory for the purpose of section 44 A C.P.C. and the High Court of the
Republic of Singapore to be a superior Court with reference to that territory.
C.E. No. 81 dated 22nd August, 1969

From 1st September, 1968 ̳Trinidad' and Tobago are declared to be reciprocating
territories for the purpose of section 44- A C.P.C. and the following courts will be
superior courts of that territory:
(a)
High Courts;
(b)
Courts of Appeal;
(c)
Industrial Court; and
(d)
Income Tax Appeal Board
12.
ENFORCEMENT OF MAINTENACE ORDERS
C.L. No. 1 dated 11th January, 1965
The Maintenance Orders (Facilities for Enforcement) Act, 1921 extends to the
countries of Basutoland, Bechunaland and Cyprus under the Maintenance Orders