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2. If a suit shall be adjusted by mutual agreement or compromise, or if the defendant satisfy the plaintiff in respect to the matter of the suit, such agreement, compromise, or satisfaction shall be recorded, and the suit shall be disposed of in accordance therewith.
CHAPTER X.
JUDGMENT AND DECREE.
LXV. When the exhibits have been perused, the witnesses examined, and the I. c. 183. parties heard, the Court shall pronounce its judgment. The judgment shall be pro- nounced in open Court either immediately or on some future day of which due notice shall be given to the parties.
2. The judgment shall contain the point or points for determination, the decision thereupon and the reasons for the decision, and shall be dated and signed by the Judge in open Court at the time of pronouncing it.
3. In all suits in which issues have been framed, the Court shall state its finding or decision on each separate issue, unless the finding upon any one or more of the issues be sufficient for the decision of the suit.
4. The judgment shall in all cases direct by whom the costs of each party are to be paid, whether by himself or by another party, and whether in whole or in what part or proportion.
5. The decree shall bear date the day on which the judgment was passed. It shall contain the number of the suit, the names and descriptions of the parties, and particu- lars of the claim, as stated in the Register of the suit, and shall specify clearly the relief It shall also state the amount of costs granted or other determination of the suit. incurred in the suit, and by what parties and in what proportions they are to be paid, and shall be signed by the Judge and scaled with the seal of the Court.
6. When the suit is for land or other immoveable property with specified boundaries, if the decree be for the recovery of a portion only of such property, it shall specify the boundaries of the land or property adjudged.
7. When the suit is for moveable property, if the decree be for the delivery of such property, it shall also state the amount of inoney to be paid as an alternative if delivery cannot be had.
8. When the suit if for damages for breach of contract, if it appear that the defendant is able to perform the contract, the Court, with the consent of the plaintiff, may decree the specific performance of the contract within a time to be fixed by the Court, and in such case shall award an amount of damages to be paid as an alternative if the contract is not performed.
I. C. 185-192
1801, s. 10.
9. When the suit is for a sum of money due to the plaintiff, the Court may, in the LA, 23 of decree, order interest, at such rate as the Court may think proper, to be paid on the principal sum adjudged from the date of suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the date of the suit; with further interest on the aggregate sum so adjudged, and on the costs of the suit from the date of the decree to the date of payment.
10. In all decrees for the payment of money, the Court may, for any sufficient 1. c. 194-198, reason, order that the amount shall be paid by instalments with or without interest.
11. If the defendant shall have been allowed to set-off any demand against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount (if any) is due to the defendant, and shall be for the recovery of any sum which shall appear to be due to either party. The decree of the Court with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff.
12. When the suit is for land or other property paying rent, the Court may provide in the decree for the payment of mesne profits or rent ou such land or other property from the date of the suit until the date of delivery of possession to the decree-holder with interest thereupon at such rate as the Court may think proper.
13. When the suit is for land or for mesne profits which have accrued thereon during a period prior to the date of suit, and the amount of such profits is disputed, the Court may either determine the amount prior to passing a decree for the land, or may pass a decree for the land, and reserve the enquiry into the amount of mesne profits for the execution of the decree according as may appear most convenient.
S. R. 100-103.
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14. Certified copies of the decree and judgment shall be furnished to the parties on application to the Registrar and on the payment of such Fees as may, for the time being, be payable by law for the same.
Review of Decision, Re-hearing, New Trial,
LXVI. The Court may, in any case, on such terms as seem just, review any N-As to setting decision, or order a re-hearing or new trial, with a stay of proceedings, although no
leave has been reserved at the trial.
aside Judgment obtained ደ parte" sec aute
2. pa, 6.
1. C. 376.
1. E. A. 167.
2. Any application for a review of decision or for a re-hearing or new trial must be made on notice of motion filed not later than fourteen days after such decision or hearing or verdict.
3. Such notice shall not of itself operate as a stay of proceedings; but any money in Court in the suit shall be retained to abide the result of the motion or the further order of the Court.
4. After the expiration of such fourteen days, an application for such review, re- hearing, or new trial shall not be admitted, except by special leave of the Court, on such terms as seem just.
5. On an order for re-hearing or new trial, either party may demand a jury for the second trial, though the first was not with a jury.
6. The Court may, if it thinks fit, make it a condition of granting a re-hearing or new trial that the trial shall be with a jury.
7. The discovery of new matter or evidence which was not within the knowledge of the applicant, or could not be adduced by him at the trial, may be a ground for a new
1. A. 2 of 1855, 57. trial, but the improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised, that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that if the rejected evidence had been received, it ought not to have varied the decision.
1. C. 380.
8. When an application for a review of judgment is granted, a note thereof shall be made in the register of suits, and the Court shall give such order in regard to the re-hearing of the suit as it may deem proper in the circumstances of the case.
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