Decrees in Special Cases
Rule 12A: Decree for Specific Performance of Contract for Sale or Lease of Immovable
Property
🔍 What is Specific Performance?
Specific performance means the court orders a party to fulfill their promise as per
the contract.
In this case, it relates to the sale or lease of immovable property (e.g., land, house,
building).
🧾 What does Rule 12A state?
When the court passes a decree for specific performance of a contract involving immovable
property:
If the buyer (or lessee) has to pay money (like the sale price or lease rent),
The decree must clearly mention:
o ✅ The exact amount to be paid
o 📆 The deadline or time limit within which the money must be paid
🔹 Rule 13: Decree in Administration Suit
🔍 What is an Administration Suit?
A legal case filed to manage and distribute the estate/property of a person, usually
after death.
It helps settle:
o Assets (land, bank accounts, etc.)
o Debts (loans, bills)
o Rights of heirs, creditors, or beneficiaries
🧾 What does Rule 13 state?
1️⃣ Preliminary Decree Comes First:
Before passing the final judgment, the court must pass a preliminary decree.
This decree:
o Orders detailed accounts to be taken (list of all property, income, debts, etc.)
o Orders inquiries (e.g., who the creditors are, what debts exist)
o Gives other necessary directions to manage the estate
2️⃣ When Property is Not Enough to Pay Debts (Insolvency Situation):
If the dead person’s property is not enough to pay all debts:
o The same rules apply as in insolvency (bankruptcy) cases:
Secured creditors (who have security like mortgage) get paid first
Unsecured creditors (who don’t have security) are paid later
Priority is fixed based on insolvency law
3️⃣ All Entitled Persons Can Claim:
Anyone who has a right to be paid from the deceased person’s property can:
o Join the suit
o File their claims under the preliminary decree
4️⃣ Types of Debts and Liabilities Allowed:
The court can include:
✔️Ordinary debts (like loans, dues)
✔️Annuities – payments made yearly to someone for life or a set time
✔️Future debts – amounts to be paid in the future
✔️Contingent liabilities – debts that may arise depending on some future event
Rule 14: Decree in Pre-emption Suit
🔍 What is a Pre-emption Suit?
A pre-emption right means the right to buy property before it is sold to someone
else.
For example, a neighbor or co-sharer may have a legal right to purchase land before it
is sold to an outsider.
🧾 What Rule 14 Says:
When the court allows the plaintiff’s claim to pre-empt (i.e., buys the property under the
right of pre-emption):
1️⃣ If the buyer (plaintiff) hasn’t paid the purchase money yet:
The decree must specify:
o 📅 A specific day (deadline) by which the purchase money must be deposited
in court.
o 💰 That the plaintiff must also pay any court costs (if ordered) by that day.
2️⃣ If the plaintiff deposits the money and costs within the time:
The defendant must give possession of the property to the plaintiff.
The plaintiff’s ownership (title) will be counted from the date of payment.
3️⃣ If the plaintiff does not pay in time:
The suit will be dismissed, and the plaintiff must pay legal costs.
⚖️Rival Claims (More than One Pre-emptor):
If multiple people claim pre-emption rights, the court decides whose claim is
stronger.
Then, the decree says:
a) If multiple pre-emptors have equal rights:
Each pre-emptor who pays their share on time gets a proportional share of the
property.
If one pre-emptor fails to pay, their share goes to the others who complied.
b) If the pre-emptors have different levels of rights (superior and inferior):
The inferior pre-emptor can only get rights if the superior one fails to pay on time.
🔹 Rule 15: Decree in Suit for Dissolution of Partnership
🔍 What is this about?
This rule applies when partners of a business go to court to:
o Dissolve the partnership
o Divide profits, losses, and assets
o Settle accounts
🧾 What Rule 15 Says:
Before giving the final decree, the court may pass a preliminary decree, which
includes:
1. 📊 Declaring each partner’s share in the firm
2. 📅 Fixing the date of dissolution
Can be current or past date, depending on when the partnership
actually ended
3. 📒 Ordering that accounts be taken (profit/loss/assets)
4. 📝 Giving any other directions needed to fairly end the partnership
🔹 Rule 16: Decree in Suit Between Principal and Agent (Accounts Suit)
🔍 What is this about?
Applies when a principal (owner) sues an agent (or vice versa) to:
o Settle accounts of money transactions
o Find out who owes whom and how much
🧾 What Rule 16 Says:
If accounting is needed to calculate dues:
o The court will first pass a preliminary decree
o The decree will:
✅ Direct proper accounts to be taken
📝 Allow the court to give special instructions for how the accounts
should be taken
📊 Ensure all financial dealings between the parties are checked
carefully
🏠 Other Decrees Related to Immovable Property:
If the court cannot immediately divide or separate property (like land) fairly:
o It will pass a preliminary decree that:
Declares the rights and shares of each party
Gives directions for further inquiry or action
o After inquiry, a final decree is passed to complete the division
⚖️Decree with Set-off or Counterclaim:
Sometimes, the defendant files a set-off or counterclaim (i.e., sues the plaintiff back).
🧾 The Decree Must:
Clearly state:
o 💰 How much is owed to the plaintiff
o 💰 How much is owed to the defendant
