Report No. 10

General provisions

58. Form of final order.-

(1) Every final order of the court under this; Act shall be in writing signed by the Judge, and shall specify the points for decision, and the decision thereon, together with the grounds of the decision.

[Section 26(1), L.A.A.]

(2) Every such order shall be deemed to be a decree and the statement of the grounds of every such order a judgment within the meaning of clause (2) of section 2 and clause (9) of section 2, respectively, of the Code of Civil Procedure, 1908 (5 of 1908).

[Section 26(2), L.A.A.]

(3) Every such order shall also state the amount of costs incurred in the proceedings before the court, and by what persons and in what proportions they are to be paid.

[Section 27(1), L.A.A.]

(4) When, in proceedings held on a reference made by an officer, the order of such officer is not upheld, the costs shall ordinarily be paid by such officer, unless the court shall be of opinion that the claim of the party was so extravagant or that he was so negligent in putting his claim before such officer that some deduction from his costs should be made or that he should pay a part of the officer's costs.

[Section 27(2), L.A.A.]

(5) Where the final order determines the amount of compensation under section 21, the court shall, wherever practicable, state therein separately the market value of the following items, namely?

(i) land, exclusive of things attached to the earth or permanently fastened to anything attached to the earth;

(ii) buildings;

(iii) structures other than buildings;

(iv) trees; and

(v) other items.-