# from the said instructions comes to the notice of the Court in future

- **Citation:** C.L. No. 19/VII
- **Court:** Allahabad High Court
- **Decided:** 1986-03-06
- **Case number:** C.L. No. 19/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/from-the-said-instructions-comes-to-the-notice-of-the-court-in-future-163201
- **Pages:** 1

## Text

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appellate court decrees. The Court will take a serious view of matter, if any deviation
from the said instructions comes to the notice of the Court in future.
C.L. No. 19/VII d-166 dated 6th March, 1986

The Presiding Officers should carefully scrutinize the decrees when the same are
put-up for their signature by the office.

The clerk, who is found to have been guilty of preparing wrong decrees, should be
severely dealt with, and the Court will take serious view of the matter, if any deviation
from the said instructions already issued by the court comes to its notice.
G.L. No. 111/35(a)-2 dated 11th January, 1921

A decree or a formal order must contain, in addition to the addresses given in the
plaint, such addresses as the parties have filed in compliance with the provisions of Order
VII, rules 19 to 25, and Order VIII, rules 11 and 12 of the Code of Civil Procedure.

The High Court looks to the District Judges to see that the rules regarding
registered addresses are strictly complied with. They should pay particular attention to
this point when inspecting a subordinate court.
 C.L. No. 3602/44-12(3) dated 1st July, 1921

 The following instructions should be carefully observed in the preparation of a
final decree:
(1)
When a preliminary decree in a suit for sale is passed under Order
XXXIV, rule 4, and the defendant pays into court within time the amount
declared due under the said decree together with subsequent costs payable
under rule 10, a final decree should be prepared forthwith as required by
rule 5 without waiting for any application to be made.
(2)
When a preliminary decree in a suit for redemption is passed Order
XXXIV, rule 7 and the plaintiff pays into court within time the amount
declared due together with subsequent cost payable under rule 10, a final
decree should be prepared forthwith under rule 8(1) for redemption in
terms of the preliminary decree without waiting of any application to be
made.
(3)
It is only when the payment of decree money is not made on or before due
date that an application is required to be made for preparation of final
decree-
(a)
by the plaintiff in a suit for sale;
(b)
by the defendant-mortgagee in a suit for redemption.
G.L. No. 1437 dated 24th April, 1923 read with
G.L. No. 820/35(a) dated 14th March, 1924

In all appeals filed in the High Court the addresses of the parties are taken from
copies of decrees supplied to them by subordinate courts. In order to avoid errors and
possible misreading of names and addresses the Munsarim and the Head Copyist are
made responsible for seeing that all ―the names and description of the parties‖ in copies