It should be noted that the amendment sought had a bearing on the operative portion of the decree inasmuch as the expression ‘mesne profits’ was to be replaced by the expression ‘net profits’. As pointed out by the Supreme Court, the expression ‘mesne profits’ would have brought in a question of limitation as regards the period of accountability. Yet, the Supreme Court held that it was only an error which could be corrected under Ss. 151 and 152 of the Code of Civil Procedure, and consequently the High Court had jurisdiction to do so in spite of the pendency of the appeals in the Supreme Court. Learned counsel for the tenant submits that the ruling will not apply to the present case as in the case before the Supreme Court, appeals were pending and there was no question of merger of the decree of the High Court with appellate Decree. The said contention cannot be rejected as untenable.

Format for drawing a Decree in Appeal Law of India Civil procedure Code (Order 41, Rule 35) (Title) Appeal No. . . . . . . . . . . of 20 . . . from the decree of the Court of . . . . . . . . . dated the . . . . . . . […]

Sufficient Cause” is an expression which has been used in large number of Statutes. The meaning of the word “sufficient” is “adequate” or “enough”, in as much as may be necessary to answer the purpose intended. Therefore, word “sufficient” embraces no more than that which provides a platitude which when the act done suffices to accomplish the purpose intended in the facts and circumstances existing in a case and duly examined from the view point of a reasonable standard of a cautious man.

Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit?

The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.

In Appellate Courts, the language used in filling in the decretal order, shall conform to the action recognized by the law, and shall direct that the decree of the lower Courts be either “affirmed”, “varied”, “set aside” or “reversed”. In each case in which a decree is affirmed, the terms thereof shall be recited, so as to make the appellate decretal order complete in itself. In varying a decree, the relief granted, in lieu of that originally granted shall, be fully and accurately set out. Where a decree is reversed on appeal, the consequential relief granted to the successful party shall similarly be stated. Every decretal order shall be so worded as to be capable of execution without reference to any other document, and so as to create no difficulty of interpretation.

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