# 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-163204
- **Pages:** 2

## 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
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