# always include addresses and registered addresses

- **Citation:** C.L. No. 100
- **Court:** Allahabad High Court
- **Decided:** 1993-01-13
- **Case number:** C.L. No. 100
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/always-include-addresses-and-registered-addresses-163208
- **Pages:** 2

## Text

175
of decrees and formal orders are clearly and legibly written. The ―description‖ should
always include addresses and registered addresses.
G.L. No. 2365/35(a) 1(2) dated 4th April, 1926

Under rule 38, Order XLI of the Code of Civil Procedure the address for service
in the trial court holds good for the court of appeal also. It is only where no address for
service is filed in the trial court that parties have to file the address in appeal. The address
given in the decree should be the address for service filed by the parties themselves in the
trial court or in the appellate court, as the case may be.
 G.L. No. 3/VII-d-64 dated 9th February, 1951

In the form prescribed for the preparation of decrees in subordinate courts there
are three places where dates may be entered. One of these places is at the top where the
date on which the case came up before the court for final disposal is to be entered. Then
there is a place at the bottom where the date on which the decree was sealed and signed is
to be entered. Lastly, a date is entered below the signature of the judge at the bottom
indicating the date on which the decree was signed. This is in accordance with sub-rule
(5) of rule 21 of Order XX of the Code of Civil Procedure.

According to sub-rule (4) of the above rule the decree is to be dated as of the day
on which the judgment was pronounced. There is, however, no uniform practice as to the
place where such date is to be entered in the decree.

In order to secure uniformity the Court issues the following instruction:
(1)
No date should be entered at the first of three places indicated above, that

is, at the place where it is stated that the case came up before the court for

final disposal. There seems to be no necessity for mentioning the date on

which the case came up for final disposal before the court in the decree.
(2)
The date on which the judgment was pronounced should be entered at the

bottom as the date on which the decree was signed and sealed.
(3)
The presiding officer while affixing his signature to the decree should give

the date on which he actually signs just below his signature in compliance

with sub-rule (5) of Order XX of the Code.
C.L. No. 100 dated 19th September, 1978
The decree though drawn up afterwards relates back and operates from the date of
judgment. In various decrees, no dates are given and the space meant for mentioning the
date of decree is left blank thus creating difficulty in computing the period of limitation,
which should start from the date of decree and not from the date of signing of the decree.
The concerned officials should, therefore, be directed to invariably mention the
date of decree which should correspond to the date of judgment in all the decrees and
formal orders issued by the courts in future.
C.L. No. 25/VII d-64 dated 19th March, 1986
No date need be given in the first line of the proforma after the words ̳coming'
and before the word ̳for'. The word ̳up' should be substituted for the words ̳on this
176
day'. The sentence shall then read as ―This suit coming up for final disposal....‖. In the
same form in the last line, between the words ̳this' and ̳day' the date on which the
judgment was pronounced should be entered as the date on which the decree was signed
and sealed. The Presiding Officer should give the date on which he actually signs the
decree below his signature. For purposes of foot-notes, figure ̳(1)' should be given after
the words ̳this day' in the last line of the form and figure ̳(2)' after the word ̳Judge'.
The foot-notes indicate that at (1) the date on which judgment was pronounced, should be
entered and at (2) the Judge should give in his own hand the date on which he signed the
decree.
In case of non-compliance of these directions, action will be taken against the
assistant concerned. And the presiding officers who sign incorrectly prepared decrees will
also be held responsible for signing such decrees.
(ii)
Preparation of Decree of Formal order
C.L. No. 62/VIIIb-104/Admn. (G) dated 29 May, 1990
I am directed to invite your attention to Rule 96 of the General Rules (Civil),
1957 Volume I, on the above subject and to say that it has been noticed by the Court that
in the absence of standard form there is a wide variation in the manner in which the
decree or formal order is usually prepared in the subordinate courts leaving behind scope
for mentioning sometimes the particulars of the original proceedings, the nature of
miscellaneous proceedings, that date of institution, the valuation of the suit which is
essential for determining the forum of appeal and in most of the cases the costs incurred
by the parties, are not drawn up at all depriving the parties of the above benefits to be
taxed in the final decree, causing inconvenience to the Court in disposal of such type of
cases.
I am to add that steps are being taken to make necessary amendments in the
General Rules (Civil) in Appendix 4 list A against the entry part and number IV-49 by
prescribing a printed from for the preparation of formal order which will take sometime
and in the meantime it is directed that henceforth, the formal order so drawn in the
subordinate courts should invariably contain the particulars of original suit, valuation and
expenses in addition to other particulars as required in a formal order.

The contents of the above C.L. may kindly be brought to the notice of all
concerned for information and necessary action.
(iii)
Preparation of decrees in Land Acquisition References by courts below
C.L. No. 4/VIIIb-164/Admn. (G) dated January 13, 1993

I am directed to say on the subject noted above that it has come to the notice of
the Court that the decrees in Land Acquisition references are drawn up in a sketchy
manner leaving behind the relevant details with the result that it is not possible for the
Court to correctly determine the value of the appeal and other forum in that behalf. It is,
therefore, directed that henceforth the decree of the Subordinate Court must indicate the
following particulars:-
1-
The total area of the land involved in the reference;