Order 20 Judgement And Degree

Question 1

How many rules are there in order 20

Answer 1

20 rules
Which three additional 5A. 6a and 6 b

Question 2

Judgment when pronounced. Rule 1

Answer 2

Subsection 1- after case has been heard in open court either at once or as soon as there after when practicuable and when on a future day shelf fixed day for the purpose and notice to be given to parties and pleaders

proviso - they are not pronounce that once endeavour to be pronounced in 30 days from date on which hearing concluded but we are due to exceptional and extraordinary circumstances unable to pronounce in 30 days fix a future day to pronounce not beyond 60 days from date on which hearing was concluded and notice to parties and leader

sub section 2 - sufficient if the judge reads findings of the court on each issue and final order passed in the case not necessary to read whole
sub section 3 - pronounced by dictation in open code to short handwriter if judge specially empowered by High Court
proviso-where pronounced by dictation in open court transcript shall after making corrections be signed by judge and beer date on which pronounced and form part of record

Question 3

Power to pronounce judgment written by judge’s predecessor.

Answer 3

Rule 2 provide- A judge shall pronounce a judgment written, but not pronounced, by his predecessor.

Question 4

Judgment to be signed. In each answer also dictate what is written in the provision

Answer 4

Rule 3 provides

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.

Question 5

Judgments of Small Cause Courts
Judgments of other Courts-

Answer 5

4. 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.

Question 6

Court to state its decision on each issue.

Answer 6

5. 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.

Question 7

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

Answer 7

5A.
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.

Question 8

Contents of decree.

Answer 8

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, 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.

Question 9

Preparation of decree

Answer 9

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.

Question 10

Copies of judgments when to be made available

Answer 10

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

Question 11

Date of decree

Answer 11

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.

Question 12

Procedure where Judge has vacated office before signing decree

Answer 12

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.

Question 13

Decree for recovery of immovable property

Answer 13

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.

Question 14

Decree for delivery of movable property

Answer 14

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.

Question 15

Decree may direct payment by instalments

Answer 15

11. Decree may direct payment by instalments

(1) Where and in so far as 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

Question 16

Decree for possession and mesne profits

Answer 16

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.

Question 17

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

Answer 17

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.]

Question 18

Decree in administration suit

Answer 18

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 case of administration of property by Court of any disease person if such property proves to be insufficient for payment of all his deaths and liabilities the code cell observe the same rules as two respective rights of secured and unsecured creditors and for dates and liabilities crueble and as to valuation of annuity and future and contingent liabilities respectively, for all these the court shell follow the same rules as are observed with respect to such right liabilities annuity is valuation etc

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.

Question 19

Decree in pre-emption suit

Answer 19

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.

Question 20

Decree in suit for dissolution of partnership

Answer 20

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.

Question 21

Decree in suit for account between principal and agent

Answer 21

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.

Question 22

Special directions as to accounts

Answer 22

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.

Question 23

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

Answer 23

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 may be required.

Question 24

Decree when set-off or counter-claims is allowed

Answer 24

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.

Question 25

Certified copies of judgment and decree to be furnished

Answer 25

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.