JUDGMENT AND DECREE
1[1. Judgment when pronounced.__(1) On completion of evidence, the Court shall fix a date, not
exceeding fifteen days, for hearing of arguments of parties.
(2) The Court shall, after the case has been heard, pronounce judgment in open Court, either at
once or on some future day not exceeding thirty days, for which due notice shall be given to the parties
or their advocates.]
2. Power to pronounce judgment written by judge's predecessor. A Judge may pronounce a
judgment written but not pronounced by his predecessor.
3. 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.
4. Judgment 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.
5. 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 therefore, upon each separate issue, unless the
finding upon any one or more of the issues is sufficient for the decision of the suit.
6. 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, 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 setoff
against
any sum which is admitted or found to be due from the former to the latter.
1Subs. by Act XIV of 1994, S.11.
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7. Date of decree. The decree shall bear date 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.
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 subjectmater
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 by 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 moveable 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 installments. (1) Where and in so far as a decree is for the
payment of money, the Court may for any sufficient reason at the time of passing the decree order that
payment of the amount decreed shall be postponed or shall be made by installments, 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 judgmentdebtor
and with the consent of the decreeholders,
order
that payment of the amount decreed shall be postponed or shall be made by installments on such terms
as to the payment of interest, the attachment of the property of the judgmentdebtor,
or the taking of
security from him, or otherwise, as it thinks fit.
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 decreea)
For the possession of the property;
b) For the rent or mesne profits which have accrued on the property during a period prior to
the institution of the suit or directing an inquiry as to such rent or mesne profits;
c) Directing an inquiry as to rent or mesne profits from the institution of the suit untili.
the delivery of possession to the decreeholder;
ii. the relinquishment of possession by the judgmentdebtor
with notice to the decreeholder
through the Court; or
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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.
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 preemption
suit.__ (1) Where the Court decrees a claim to preemption
in respect
of a particular sale of property and the purchasemoney
has not been paid into Cour,t the decree shalla)
specify a day on or before which the purchasemoney
shall be so paid, and
b) direct that on payment into Court of such purchasemoney,
together with the costs(if any)
decreed 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 accrued from the date of such payment, but that, if the purchasemoney
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 preemption,
the decree shall direct,a)
if and in so far as the claims decreed are equal in degree, that the claim of each preemptor
complying with the provisions of subrule
(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 preemptor
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
preemptor
shall not take effect unless and until the superior preemptor
has failed to
comply with the said provisions.
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15. Decree in suit for dissolution of partnership. Where a suit is for the dissolution of a
partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass as
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 suits 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 hereinbefore
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 a 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 immoveable property or to moveable
property, the Court may, if 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 setoff
is allowed. (1) Where the defendant has been allowed a setoff
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 setoff.
Any decree passed in a suit in which a setoff
is
claimed shall be subject to the same provisions in respect of appeal to which it would have been
subject if no setoff
had been claimed.
(3) The provisions of this rule shall apply whether the setoff
is admissible under rule 6 of Order
VIII or otherwise.
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20. Certified copies of the 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.