ORDER XX JUDGMENT AND DECREE - RULE 1, 2, 3, 4, 5, 5A, 6, 6A, 6B, 7 OF CODE OF CIVIL PROCEDURE 1908

Judgment when pronounced? What is the Power to pronounce judgment written by judge's predecessor? Is Judgment to be signed? What is Judgments of Small Cause Courts? What is the meaning Court to state its decision on each issue? What is the meaning of Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders? What are the Contents of decree? Is Last paragraph of judgment to indicate in precise terms the reliefs granted? Copies of typewritten judgments when to be made available, What is the Date of decree? Rule 1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908

Judgment when pronounced, Power to pronounce judgment written by judge's predecessor, Judgment to be signed, Judgments of Small Cause Courts, Court to state its decision on each issue, Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders, Contents of decree, Last paragraph of judgment to indicate in precise terms the reliefs granted, Copies of typewritten judgments when to be made available and Date of decree are defined under Rule 1, 2, 3, 4, 5, 5A, 6, 6A, 6B and 7 of Order XX of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XX of Code of Civil Procedure 1908 "Judgment when pronounced"

(1) The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to he 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 fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders :

Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case wag concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.

(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, but a copy of the whole judgment shall be made available for the perusal of the parties or the pleaders immediately after the judgment is pronounced.

(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by she 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.

Rule 2 Order XX of Code of Civil Procedure 1908 "Power to pronounce judgment written by judge's predecessor"

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

Rule 3 Order XX of Code of Civil Procedure 1908 "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.

Rule 4 Order XX of Code of Civil Procedure 1908 "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 shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.

Rule 5 Order XX of Code of Civil Procedure 1908 "Court to state its decision on each issue"

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

Rule 5A Order XX of Code of Civil Procedure 1908 "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.

Rule 6 Order XX of Code of Civil Procedure 1908 "Contents of decree"

(1) The decree shall agree with the judgment; it shall contain 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.

(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what properly 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.

Rule 6A Order XX of Code of Civil Procedure 1908 "Last paragraph of judgment to indicate in precise terms the reliefs granted"

(1) The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment.

(2) 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; but where the decree is not drawn up within the time aforesaid, the Court shall if requested so to do by a party desirous of appealing against the decree, certify that the decree has not been drawn up and indicate in the certificate the reasons for the delay, and thereupon-

(a) an appeal may be preferred against the decree without filing a copy of the decree and in such a case the last paragraph of the judgment shall, for the purposes of rule 1 of Order XLI, be treated as the decree; and

(b) so long as the decree is not drawn up, the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution and the party interested shall be entitled to apply for a copy of that paragraph only without being required to apply for a copy of the whole of the judgment; but as soon as a decree is drawn up, the last paragraph of the judgment shall cease to have the effect of a decree for the purpose of execution or for any other purpose :

Provided that, where an application is made for obtaining a copy of only the last paragraph of the judgment, such copy shall indicate the name and address of all the parties to the suit.

Rule 6B Order XX of Code of Civil Procedure 1908 "Copies of typewritten judgments when to be made available"

Where the judgment is type-written, copies of the type-written judgment shall, where it is practicable so to do, be made available to the parties immediately after the pronouncement of the judgment on payment, by the party applying for such copy, of such charges as may be specified in the rules made by the High Court.

Rule 7 Order XX of Code of Civil Procedure 1908 "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.

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