📘 CIVIL PROCEDURE CODE : ORDER XX – XXI

TOPICS:

• JUDGMENT AND DECREE

o Judgment when pronounced

o Judgment to be signed

o Contents of Judgment

o Contents of decree

o Date of decree

• EXECUTION OF DECREES AND ORDERS

o Modes of paying money under decree

o Lands situate in more than one jurisdiction

o Mode of transfer

Supreme Court Judgment Discussed in this Post:

• SALEM ADVOCATES BAR ASSN. v. UNION OF INDIA [2005 SC]

o Section 39(4) does not authorise the Court to execute the decree outside its jurisdiction but it does not dilute other provisions giving such power.

o Provisions such as Order XXI Rule 3 which provide differently would not be affected by Section 39(4).

Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

⚖️ CIVIL PROCEDURE CODE EXPLAINED

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⚖️ ORDER XX JUDGMENT AND DECREE

Judgment when pronounced

Rule 1

• After the case has been heard:

• Court shall pronounce judgment

– in an open Court

– either at once or as soon thereafter as may be practicable

Proviso

• Where judgment is not pronounced at once:

• every endeavour shall be made by the Court

– to pronounce the judgment

– within thirty days from the date on which hearing was concluded

• Where it is not practicable so to do

– because of exceptional and extraordinary circumstances

• Court shall fix a future day

– not beyond sixty days from the conclusion of hearing

Judgment to be signed

Rule 3

• The judgment

– shall be dated and signed by the Judge

– in open Court, at the time of pronouncing it

• When once signed:

– it shall not afterwards be altered or added to

– save u/s 152 or on review

Contents of Judgment

Rule 4

• Judgments shall contain

– a concise statement of the case

– points for determination

– decision thereon and

– reasons for such decision

Court to state its decision on each issue

Rule 5

• 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 issue is, sufficient for the decision of the suit.

Contents of decree

Rule 6

• The decree

– shall agree with the judgment

• it shall

– contain number of the suit, names and descriptions of parties, their registered addresses and particulars of the claim

– specify clearly the relief granted or other determination of the suit

• 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

Preparation of decree

Rule 6A [wef 1.7.2002]

• 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 of judgment

• An appeal

– may be preferred against the decree

– without filing a copy of the decree

• in such a case:

• the copy made available to the party by the court

– shall be treated as the decree

– for purposes of rule 1 of Order XLI

• but as soon as the decree is drawn:

– the judgment shall cease to have the effect of a decree

– for purposes of execution or for any other purpose

Copies of judgments

Rule 6B

• Where judgment is pronounced:

• copies of the judgment

– shall be made available to the parties

– immediately after pronouncement of judgment for preferring appeal

Date of decree

Rule 7

• The decree shall bear the date

– on which the judgment was pronounced

• When the Judge has satisfied himself

– that the decree has been drawn up in accordance with the judgment

• he shall sign the decree

⚙️ ORDER XXI EXECUTION OF DECREES AND ORDERS

Modes of paying money under decree

Rule 1

• All moneys payable under a decree

• shall be paid as follows:

– into the court: by deposit into the court or sent to court by postal money order or through a bank or

– out of court: to the decree holder by postal money order or through a bank or by any other mode wherein payment is evidenced in writing

– Otherwise: as the Court which made the decree directs

Lands situate in more than one jurisdiction

Rule 3

• Where

– immovable property forms one estate

– situate within jurisdiction of two or more courts

• any one of such courts

– may attach and sell the entire estate

📝 Explanatory Notes by DLA

• Section 39(4) does not authorise the Court to execute the decree outside its jurisdiction but it does not dilute other provisions giving such power on compliance of conditions stipulated in those provisions.

• Thus, provisions such as Order XXI Rule 3 or Order XXI Rule 48 which provide differently would not be affected by Section 39(4).

Authority: Salem Advocates Bar Assn. v. Union of India [2005 SC]

Section 39(4) [inserted wef 1.7.2002]

• this section shall not be deemed

– to authorise the Court which passed a decree

• to execute such decree

– against any person or property outside the limits of its jurisdiction

Mode of transfer

Rule 5

• Where a decree is to be sent for execution to another court:

• the court which passed the decree

– shall send the decree directly to such other court

– whether or not that court is situated in the same State

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❓ Frequently Asked Questions – CPC Order XX & XXI