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Judgement, Decree, Costs

Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande AIR 1995 SC 1211

ISSUE:

Whether the limitation for filing an application to engross the final decree on stamped paper begins when the direction for the final decree is given or when it is engrossed on the stamped paper?

Whether a final decree can be considered executed and binding when no Commissioner is appointed to partition the property by metes and bounds in accordance with the preliminary decree?

RULE:

Under Order 20 Rule 18 of the Code of Civil Procedure, 1908 (“CPC”), in cases of partition of immovable property, the court must first pass a preliminary decree declaring the rights of the parties and the shares they hold, followed by a final decree specifying the division by metes and bounds.

Under Order 20 Rule 7 of the CPC, a decree must bear the date of the judgment, and the judge must ensure the decree is in accordance with the judgment before signing it.

Section 2(2) of the CPC defines a “decree” as final when it conclusively determines the rights of the parties.

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Judgement, Decree, Costs

Satnam Singh & Ors v. Surnder Kaur & Anr (2009) 2SCC 562

ISSUE:

Whether the court, in a partition suit, has the power to pass a decree with respect to a property that was not mentioned in the plaint but later on mentioned in the written statement?

Whether a court can amend and rectify a decree is it feels that it has committed an error?

RULE:

A decree has been defined in section 2(2) as the formal expression of an adjudication which conclusively determines the right of parties with regard to all or any of the matters in controversy.

A decree can be preliminary or final or partly preliminary and partly final.

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Judgement, Decree, Costs

Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande 1995 AIR 1211, 1995 SCC (3) 413

ISSUE:

When does the Limitation begin to run for filing an application to pass the final decree on stamped papers?

RULE:

Order 20 Rule 7 of CPC envisages that the decree "shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree".

Section 2(2) of CPC defines "decree" to mean "the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final".

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