ORDER XX – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

ORDER XX. JUDGMENT AND DECREE

 

11. Judgment when pronounced

2 [(1)] The Court, after the case has bee heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:

 

Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.

 

3[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment,

 

4[* * *]

 

(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf:

 

Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.]

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Bombay.-

In Order XX, in rule 1, in sub-rule (3), omit the words “if the Judge is specially empowered by High Court in this behalf”, (w.e.f. 1-10-1983)

 

Karnataka.-

In Order XX, renumber rule 1 as sub-rule (1) thereof and insert the following sub-rule, namely:-

 

“(2) The judgment may be pronounced by dictation to a shorthand writer in open Court, where the Presiding Judge has been specially empowered in that behalf by the High Court. Where the Presiding judge is not so empowered the judgment shall be reduced to writing before it is pronounced.” (w.e.f. 30-3-1967}

 

Kerala.-

In Order XX, renumber rule 1 as sub-rule (1) thereof and insert the following sub-rule, namely:-

 

“(2) The judgment may be pronounced by dictation to a shorthand writer in open Court.” (w.e.f. 9-6-1959)

 

Madras.-

In Order XX, for rule 1, substitute the following rule, namely:-

“1. (1) The Court, after the case has been heard, shall pronounce judgment in open Court, either, at once or on some future day, of which due notice shall be given to the parties or their pleaders.

 

(2) The judgment may be pronounced by dictation to a shorthand writer in open Court where the Presiding Judge has been specially empowered in that behalf by the High Court.” (w.e.f. 6-5-1930)

 

 

1. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh; see the Outh
Court Act, 1925 (U.P. 4 of 1925), s. 16(2).

 

2. Rule which was renumbered as sub rule (1) by Act No. 104 of 1976 has been substituted by Act No. 22 of 2002, section 13 (w.e.f. 1-7-2002).

 

3. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

4. Certain words omitted by Act No. 46 of 1999 section 28 (w.e.f. 1-7-2002).

 

2. Power to pronounce judgment written by judge’s predecessor

 

1[A Judge shall] pronounce a judgment written, but not pronounced, by his predecessor.

 

1. Subs, by Act No. 104 of 1976 for “A Judge may” (w.e.f. 1-2-1977).

 

13. Judgment to be signed

The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Gujarat.-

In Order XX, for rule 3, substitute the following rule, namely:-

“3. Judgment to be signed.-

 

The judgment shall be dated and initialled by the Judge. When the judgment is once initialled by the Judge it shall not afterwards be altered or added to save as provided by section 152 or on review:

 

Provided that where the judgment is pronounced by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall after making such corrections therein as may be necessary be signed by the Judge and shall bear the date of its pronouncement, and when the judgment is once so signed by the Judge it shall not afterwards be altered or added to save as provided by section 152 or on review.”

 

Karnataka.-

In Order XX, for rule 3, substitute the rule as in Madras with the substitution of the words “section 152 of the Code or upon review” for the words “section 152 or on review”, (w.e.f. 30-3-1967)

 

Kerala.-

Same as in Madras with the changes that for the words “provided also that where the Judge pronounces his judgment by dictation”, substitute the words “provided that where the Judgment is pronounced by dictation”, (w.e.f. 9-5-1959)

 

Madras.-

In Order XX, for rule 3, substitute the following new rule, namely:-

“3. Judgment to be signed-Transcript of Shorthand.-

 

The judgment shall bear the date on which it is pronounced and shall be signed by the Judge and, when once signed, shall not afterwards be altered or added to, save as provided by section 152 or on review, provided also that where the Judge pronounces his judgment by dictation to a shorthand writer in open Court the transcript of the Judgment so pronounced shall after such revision as may be deemed necessary, be signed by the Judge.” (w.e.f. 6-5-1930).

 

Rajasthan.-

Renumber the existing rule 3 as sub-rule (1) of that rule and insert the following sub-rules, namely:-

 

“(2) Where the judgment is pronounced by dictation to a shorthand writer in open Court the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement.

 

(3) In cases where judgment is not written by the Judge in his own hand, and dictated and taken down verbation by another person,
each page of the judgement shall be initialled by the Judge.”

 

[Vide Notification, dated 23rd December, 1964.]

 

1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).

 

14. Judgments of Small Cause Courts

 

(1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.

 

(2) Judgments of other Courts—Judgments of other Courts contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.

 

HIGH COURT AMENDMENT

 

Kerala.-

In Order XX, in rule 4.-

 

(a) in sub-rule (1), for the marginal note “Judgment of Small Cause Courts”, substitute the marginal note “Judgment in suits tried as Small Cause”; and for the words “Judgments of a Court of Small Causes”, substitute the words “Judgments in suits tried as Small Causes”.

 

(b) in sub-rule (2), for the marginal note “Judgment of other Courts”, substitute the marginal note “Judgment in other cases”; and for the words “Judgments of other Courts” substitute the words “Judgment in all other cases.”

 

[Vide Notification No. Bl-3312/58, dated 7th April, 1959.]

 

1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).

 

15. Court to state its decision on each issue

In suits in which issue, have been framed, the Court shall state its finding or decision, with the reasons therefore, upon separate issue, unless the finding upon any one or more of the issue is sufficient for the suit.

 

1. The provisions of rules 1, 3, 4, and 5 are not applicable to the Chief Court of Oudh; see the Oudh Courts Act, 1925 (U.P. 4 of 1925).

 

1[5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders

 

Except where both the parties are represented by pleaders, the Court shall, when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record the information so given to the parties.]

 

1. Ins. by Act No. 104 of 1976.

 

6. Contents of decree

 

(1) The decree shall agree with the judgment; it shall contain the number of the suit, the 1[names and descriptions of the parties, their registered addresses,] and particulars of the claim and shall specify clearly the relief granted or other determination of the suit.

 

(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid.

 

(3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

In Order XX, in rule 6,-

 

(a) in sub-rule (1), after the words “description of the parties”, insert the words “their addresses for service”,

 

(b) after sub-rule (2), insert the following sub-rule, namely:-

“(2A) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating to the actual expenses reasonably incurred by the defendant.”

 

Bombay.-

In Order XX, in rule 6, for sub-rule (1), substitute the following sub-rule, namely:-

 

“(1) The decree shall agree with the judgment; it shall contain the date of presentation of the plaint, the number of the plaint, the number of the suit, the names and descriptions of the parties, their registered addresses and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.” (w.e.f. 1-10-1983)

 

Delhi.-

Same as in Himachal Pradesh.

 

Himachal Pradesh.-

In Order XX, in rule 6, after sub-rule (1), insert the following sub-rule, namely:-

 

“(1A) In addition to the particulars mentioned in clause (1), the decree shall contain the addresses of the plaintiff and the defendant as given in O. VII, R. 19 and O. VIII, R. 11 or as subsequently altered under O. VII, R. 24 and O. VIII, R. 12 respectively.”

 

Karnataka.-

In Order XX, for rule 6, substitute the following rule, namely:-

“6. Contents of decree.-

 

(1) The decree shall agree with the judgment; it shall contain the number of the suit, names and descriptions of the parties, their respective addresses for service as originally set out in their pleadings or where they have been subsequently changed in accordance with rule 14 of Order VI of this Code, such modified addresses, the particulars of the claim and shall specify clearly the relief granted or other determination of the suit.

 

(2) The decree shall also state the amount of costs incurred in the suit and by whom or out of what property and in what proportions such costs are to be paid.

 

(3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.

 

(4) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating to the actual expenses reasonably incurred by the defendant.” (w.e.f. 30-3-1967)

 

Kerala.

Same as in Andhra Pradesh (a), (w.e.f. 9-6-1959)

 

Madras.-

Same as in Andhra Pradesh. (w.e.f. 6-5-1930)

 

Punjab, Haryana and Chandigarh.-

In Order XX, in rule 6,-

 

(a) for rule (1), substitute the following sub-rule, namely:-

“(1) The decree shall agree with the judgment, it shall contain the number of the suit, the names and descriptions of the parties, their correct and latest addresses, {which shall be filed by the parties at or before the final arguments) and particulars of the claim and shall specify clearly the relief granted or other determination of the suit.”

 

[Vide Notification G.S.R. 39/C.A. 5/1908/S. 12257 (w.e.f. 11-4-1975).]

(b) after sub-rule (1), insert sub-rule (1A) as in Himachal Pradesh.

 

1. Subs, by Act No. 104 of 1976 for “names and descriptions of the parties” (w.e.f. 1-2-1977).

 

1[6A. Preparation of decree

 

(1) Every endeavour shall be made
to ensure that the decree is drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced.

 

(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose.

 

1. Subs, by Act No. 46 of 1999, section 28 (w.e.f. 1-2-2002)

 

6B. Copies of judgments when to be made available

Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment, of such charges as may be specified in the rules made by the High Court.]

 

7. Date of decree

The decree shall bear the day on which the judgment was pronounced, and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order XX, in rule 7, insert the following proviso, namely-

“Provided that in proceeding taken in the Bombay City Civil Court the decree shall bear date the day on which the judgment was pronounced and it shall be engrossed in the office of the Registrar and be signed by him and sealed with the seal of the Court.” (w.e.f. 1-10-1983)

 

Kerala.-

In Order XX, in rule 7, insert the following proviso, namely:-

“Provided that the decrees of the High Court may be signed by the officer empowered in that behalf.” {w.e.f. 9-6-1959)

 

Allahabad.-

In Order XX, after rule 7, insert the following rule, namely:-

“7A. format Order.-

 

A Court, other than a Court subordinate to the District Court exercising insolvency jurisdiction, passing an order under section 144 or an order against which an appeal is allowed by section 104 or Rule 1 of Order XLII, or an order in any case, against which an appeal is allowed by law, shall, if a party applies for a copy of formal order or the Court so directs, draw up a formal order embodying its adjudication and the memorandum of costs incurred by the parties.” {w.e.f. 3-10-1981)

 

8. Procedure where Judge has vacated office before signing decree

Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.

 

9. Decree for recovery of immovable property

Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and where such property can be identified boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.

 

10. Decree for delivery of movable property

Where the suit is for movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.

 

11. Decree may direct payment by instalments

(1) Where and in so far a
s a decree is for the payment of money, the Court may for any sufficient reason 1[incorporate in the decree after hearing such of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order that] payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable,

 

(2) Order, after decree, for payment by instalments—After the passing of any such decree the Court may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or otherwise, as it thinks fit.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Madhya Pradesh.-

In Order XX, in rule 11, in sub-rule (2), for the words “and with the consent of the decree-holder”, substitute the words “and after notice to the decree-holder”.

 

Madras.-

In Order XX, in rule 11, in sub-rule (2), for the words “with the consent of”, substitute the words “after notice to”.

 

Orissa.-

Same as in Madhya Pradesh.

 

[Vide Notification No. 24-X-7-52, dated 30th March, 1954.]

 

1. Subs, by Act No. 104 of 1976, for certain words (w.e.f. 1-2-1977).

 

12. Decree for possession and mesne profits

 

(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree—

(a) for the possession of the property;

 

1[(b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent;

 

(ba) for the mesne profits or directing an inquiry as to mesne profits;]

(c) directing an inquiry as to rent or mesne profits from the institution of the suit until—

 

(i) the delivery of possession to the decree-holder,

 

(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or

 

(iii) the expiration of three years from the date of the decree, whichever event first occurs.

 

 

(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry.

 

HIGH COURT AMENDMENTS

 

Andhra Pradesh.-

Same as in Madras.

 

Karnataka.-

Same as in Madras except that for the words “the final decree”, substitute the words “a final decree”, (w.e.f. 30-3-1967)

 

Kerala.-

Same as in Madras, (w.e.f. 9-6-1959)

 

Madras.-

In Order XX, in rule 12, after sub-rule (2), insert the following sub-rule, namely:-

 

“(3) Where an Appellate Court directs such an inquiry, it may direct the Court of first instance to make the inquiry; and in every case the Court of first instance may of its own accord, and shall whenever m
oved to do so by the decree-holder, inquire and pass the final decree.”

 

[Vide Dis. No 93 of 1941.]

 

1. Subs, by Act No. 104 of 1976 for cl. (b) (w.e.f. 1-2-1977).

 

1[12A. Decree for specific performance of contract for the sale or lease of immovable property

 

Where a decree for the specific performance of contract for the sale or lease of immovable property orders that the purchase money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made.]

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

13. Decree in administration suit

(1) Where a suit is for an account of any property and for its due administration under the decree of the Court, the Court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other directions as it thinks fit.

 

(2) In the administration by the Court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, within the local limits of the Court in which the administration suit, is pending with respect to the estates of persons adjudged or declared insolvent, and all persons who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code.

 

14. Decree in pre-emption suit

 

(1) Where the Court decrees a claim to preemption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall—

 

(a) specify a day on or before which the purchase-money shall be so paid, and

 

(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accused from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs.

 

(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,—

 

(a) if and in so far as the claims decreed are equal in degree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would but for such default, have taken effect; and

 

(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-emption shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions.

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order XX, in rule 14, in sub-rule (1)7 after clause (b), insert the following proviso, namely:-

 

“Provided that if there are crops standing on the property, possession of the property s
hall not be delivered to the plaintiff until such crops have been reaped. The plaintiff shall however, be entitled to simple interest not exceeding 6 per cent, per annum at the discretion of the Court on the amount deposited by him in Court in respect of the period between the date of payment into Court by him of the purchase money and the costs (if any) and the date on which delivery of possession to him by the defendant take place.” (w.e.f. 1-10-1983)

 

 

Karnataka.-

In Order XX, in rule 14, in sub-rule (2), after clause (b), insert the following proviso, namely:-

 

“Provided that if there are crops standing on the property the Court may postpone the delivery of property to the plaintiff till after the crops have been reaped and direct that the plaintiff be paid by the defendant simple interest at such rate as may be fixed not exceeding 6 per cent, per annum on the amount deposited by the plaintiff in Court in respect of the period between the date of deposit into Court of the purchase money and costs, if any, and the date to which delivery of possession has been postponed.” (w.e.f. 30-3-1967)

 

Madhya Pradesh.-

Same as in Bombay.

 

15. Decree in suit for dissolution of partnership

Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.

 

16. Decree in suit for account between principal and agent

In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not herein before provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass preliminary decree directing such accounts to be taken as it thinks fit.

 

17. Special directions as to accounts

The Court may either by the decree directing an account to be taken or by any subsequent order give special directions with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.

 

18. Decree in suit for partition of property or separate possession of a share therein

 

Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,—

 

(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested ‘in the property,-but .shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;

 

(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the right of the several parties interested in the property and giving such further directions as m
ay be required.

 

HIGH COURT AMENDMENT

 

Kerala.-

In Order XX, for rule 18, substitute the following rule, namely:-

“18. When the Court passes a decree for the partition of property or for the separate possession of a share therein the Court may, if the partition or separation cannot be conveniently made without further inquiry pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.

 

19. Decree when set-off or counter-claims is allowed

(1) Where the defendant has been allowed a set-off 1[or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.

 

(2) Appeal from decree relating to set-off or counter-claim—Any decree passed in a suit in which a set-off 1[or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if not set-off1[or counter-claim] had been claimed.

 

(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.

 

HIGH COURT AMENDMENT

 

Allahabad.-

In Order XX, in rule 19, in sub-rule (1), at the end, for the full-stop, substitute a comma and insert the following words, namely:-

 

“but no decree shall be passed against the plaintiff unless the claim to set off was within limitation on the date on which the written statement was presented.”

 

[Vide Notification No. 1353/35 (a)-3, dated 21st March, 1936.]

 

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

 

20. Certified copies of judgment and decree to be furnished

Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense.

 

HIGH COURT AMENDMENTS

 

Bombay.-

In Order XX, renumber rule 20 as sub-rule (1) of that rule and insert the following sub-rule, namely:-

 

“(2) Application may be made by the party himself or by his pleader and may also be sent by post. Whenever such application is sent by post the same shall be sent by the Registered post prepaid for acknowledgement. When the application is sent by post, it shall be deemed to have been made on the date of posting if the application is made by registered post, but only on the date of its receipt by the office of the Court in case when it is sent by post other than registered post.” (w.e.f. 1-10-1983}

 

Madhya Pradesh.-In Order XX, for rule 20, substitute the following rule, namely:-

 

“20. Certified copies of Judgment and decree shall be furnished to the parties on application, and at their expense.-Applications for copies may be presented in person or by an agent or a pleader or sent by post to the head copyist of the office at the place where the record from which the copies are applied for, will eventually be deposited for safe custody. When copies from a record in the temporary custody of a Court at a station where there is no record room are required, applications may be presented in person by an agent or a pleader to the Senior Judge at that station:

 

Provided that the Judge shall neither comply with applications received by post no
r send copies by post.” (w.e.f. 13-6-1952}

 

Allahabad.-

In Order XX, after rule 20, insert the following rule, namely:-

“21. (1) Every decree and order as defined in section 2, other than a decree or order of a Court of Small Causes or of a Court in the exercise of the jurisdiction of a Court of Small Causes, shall be drawn up in the Court vernacular, or in English, if the Court so orders. As soon as such decree or order has been drawn up, and before it is signed, the Munsarim shall cause a notice to be posted on the notice board stating that the decree or order has been drawn up, and that, any party or the pleader, of any party may, within six working days from the date of such notice, peruse the draft decree or order and may sign it, or may file with the Munsarim an objection to it on the ground that there is in the Judgment a verbal error or some accidental defect not affecting a material part of the case, or that such decree or order is at variance with the judgment or contains some clerical or arithmetical error. Such objection shall state clearly what is the error, defect, or variance alleged, and shall be signed and dated by the person making it.

 

(2) If any such objection be filed on or before the date specified in the notice, the Munsarim shall enter the case in the earliest weekly list practicable and shall, or the date fixed put up the objection together with the record before the Judge who pronounced the judgment, or, if such Judge has ceased to be the Judge of the Court, before the Judge then presiding.

 

(3) If no objection has been filed on or before the date specified in the notice, or if an objection has been filed and disallowed, the Munsarim shall date the decree as of the day on which the judgment was pronounced and shall lay it before the Judge for signature in accordance with the provisions of rules 7 and 8.

 

(4) If an objection has been duly filed and has been allowed, the correction or alteration directed by the Judge shall be made. Every such correction or alteration in the judgment shall be made by the Judge in his own handwriting. A decree amended in accordance with the correction or alteration directed by the Judge shall be drawn up, and the Munsarim shall date the decree as of the day on which the judgment was pronounced and shall lay it before the Judge for signature in accordance with the provisions of rules 7 and 8.

 

(5) When the Judge signs the decree he shall make an autograph note stating the date on which the decree was signed.”

 

[Notification No. 1953/35(a), dated 22nd May, 1915 and Notification No. 6056/35(a)-4(3), dated 1st November, 1941.]

 

 

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