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Report No. 54

Recommendation

20.12. Accordingly, we recommend that a new rule should be inserted in Order 41, as follows:-

"6A. (1) The last paragraph of the judgment shall in precise terms indicate the relief granted.

(2) Where a decree is not drawn up within one month of the date on which the judgment is pronounced-

(a) a party desirous of appealing may appeal without filing a copy of the decree, and the last paragraph of the-judgment shall, for the purpose of rule 1 of this, order be treated as the decree; and

(b) the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution, until a decree is drawn up, and a party interested shall been titled to a copy of that paragraph without being required to apply for a copy of the judgment."

20.13. We now turn to a minor matter concerning the copies of judgments. Where the judgment is typed, it would be desirable if carbon or xerox copies of the judgment are made available on payment of prescribed charges. We recommend, accordingly, that the following rule should be inserted as Order 20, rule 6B:-

"6B. Where the judgment is typewritten, copies of the judgment, typewritten or xerox, shall be made available to the parties immediately after the pronouncing of the judgment, on payment of such, charges as may be laid down by the High Court, where the supply of such copies is practicable."

Order 20, rule 11

20.14. Order 20, rule 11, which deals with instalments in case of money decrees, consists of two parts. Under sub-rule (1), the Court can for sufficient reason, order that the money be paid by instalments, or may order postponement of recovery. This power is to be exercised by passing separate order1, unless it is incorporated in the decree. We think, that is more convenient if it is laid down that

(i) the order should be incorporated in the decree2;

(ii) the power is exercised after hearing the parties who have appeared personally or by pleader at the last hearing before the judgment.

Sub-rule (2) of this rule authorises the court to make an order for payment by instalments after the decree. But this requires consent of the decree-holder. With reference to this sub-rule, it may be noted that some local amendments3 provide, that where the court proposes to pass an order for payment by instalments, the decree-holder shall be given an opportunity of being heard, but his consent should not be required. One result of such an amendment would be that the court has to exercise a judicial discretion, and the order would be appealable under section 47, as has been held in cases under the similar Madras Amendment4.

1. Premnath v. Bann Mal, AIR 1928 Lah 931.

2. This will make it appealable as part of decree.

3. See Madras and Nagpur Amendments.

4. 27th Report, note on Order 20, rule 11.

20.15. The Commission, in its earlier Report1 considered the question, whether such a change need be made. It took the view that the present provision is a good and just one. We agree with this view.

1. 27th Report.

Recommendation

20.16. In the result, the only amendment required is in sub-rule (1) of Order 20, rule 11. It should be revised as follows:-

"(1) Where and in so far as a decree is for the payment of money, the Court may, for any sufficient reason, and after hearing such of the parties as were present at the last hearing, direct by its decree 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."

Order 20, rule 12

20.17. It has been suggested by a High Court Judge1 that clause (c) of Order 20, rule 12, should be removed. This suggestion has been made as a measure likely to reduce delay.

1. S. No. 28 (in answer to Question 29).

20.18. It should, however, be pointed out that the power to pass a preliminary decree directing an inquiry as to mesne profits-which is the procedure laid down in Order 20, rule 12(c)-is a useful one. Of course, it is not obligatory in law-see the word 'may' in Order 20, rule 12. But as possession will be delivered after the decree, the profits for the interval have naturally to be provided for; and since the parties do not furnish the material for calculating the profits, it becomes necessary to grant time. Acceptance of the suggestion, therefore, is not recommended, as it will not be of much practical utility.



The Code of Civil Procedure, 1908 Back




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