# PREPARATION OF FORMAL ORDERS

- **Citation:** C.L. No. 1
- **Court:** Allahabad High Court
- **Decided:** 1894-02-07
- **Case number:** C.L. No. 1
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/preparation-of-formal-orders-163198
- **Pages:** 1

## Text

173
10.
PREPARATION OF FORMAL ORDERS
C.L. No. 1 dated 7th February, 1894
 It is the duty of Presiding Officers of subordinate courts to draw up, sign and
date formal orders, such as are referred to in the definition of ―order‖ in section 2
(14) of the Code of Civil Procedure, 1908 and rule 43 of the U.P. Insolvency Rules
contained in Appendix 17 (J).
C.L. No. 1 dated 22nd February, 1905
In all case in which a certificate or probate is issued, whether contested or noncontested, a formal order grating or refusing the certificate or probate should be prepared
under rule 43 aforementioned.
G.L. No. 6366 dated 10th December, 1927

The Presiding Officers of all subordinate courts should personally see that formal
orders are prepared wherever the law so enjoins.
11.
DECREES
(i)
Preparation
G.L. No. 394/67-2 dated 16th February, 1918
The attention of District Judges is invited to the judgment of the High Court in the
case of Dambar Singh v. Kalyan Singh (Allahabad Journal, Volume XV, pages 914-919
and I.L.R. Allahabad, Volume XL at page 109) as regards the form of the decree for costs
realizable form mortgaged property. The decree should be in the form prescribed by
Order XXXIV of the Code of Civil Procedure, and direct what property is to be sold and
the amount that is to be recovered from the property, including costs.
C.L. No. 31/VII d-166 dated 16th May, 1983 and
C.L. No. 51/VII d-166 dated 19th August, 1983
It superseded Circular Letter No. 61/IV h-36, dated 22.3.77 containing
instructions to give up the practice of mentioning the grounds of appeal and cause of
action in the Appellate Court's decrees, and invites attention of all Presiding Officers to
Form No. 9 of Appendix ̳G' of the Code of Civil Procedure which requires that the
memorandum of appeal and memorandum of expenses for taxing the costs in the decree
should also be incorporated in the body of the decree of the lower appellate court.
All the presiding officers of lower appellate courts should carefully scrutinize
these aspects where decrees in appeals are put up for their signatures by the office.
District Judges during inspection of the court under their administrative control, and to
see that memorandum of appeal and memorandum of expenses for taxing the costs in the
decrees are invariably incorporated in the lower appellate courts,' decrees and the rules
regarding the preparation of the decrees are strictly complied with.
C.L. No. 77/VII d-166 dated 7th November, 1984 and
C.L. No. 15/VII d-166 dated 29th April, 1985

The District Judges should see that the instructions contained in the aforesaid
circular letter are strictly complied with by the courts below, while preparing the lower