# 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-163200
- **Pages:** 2

## Text

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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It superseded Circular Letter No. 61/IV h-36, dated 22.3.77 containing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
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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