Report No. 54
Disposal of The Suit at The First Hearing Introductory
15.1. If, at the first hearing, it appears that the parties are not at issue on any question of law or fact, the court is, under Order 15 authorised to pronounce judgment at once. If any of the several defendants is not at issue, the court has a similar power, in respect of that defendant. Sometimes, it appears that an issue of fact or law is such that the evidence bearing on it can he immediately produced. The court is empowered to determine that issue, and to pronounce judgment under certain circumstances.
Order 15, rule 2
15.2. As regards Order 15, rule 2, under which judgment is pronounced if the parties are not at issue, local amendments made by Madras, Andhra Pradesh and Kerala High Courts provide that whenever a judgment is pronounced under this rule, a decree shall follow.
15.3. We consider it proper to insert such a provision. Here, we depart from the view taken in the earlier Report' where section 33 was regarded as adequate for the purpose.
15.4. Accordingly, we recommend that Order 15, rule 2 should be renumbered as sub-rule (1), and the following sub-rule should be inserted as sub-rule (2):
"(2) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance with such judgment bearing the same date as the day on which the judgment was pronounced."