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Once a final order is passed by the court, the case is said to be disposed of in favour of either of the parties. Such a final order consists of more than one order. They are:-
JUDGEMENT (Order 20)
- A judgement means decision of the court, on the issues raised before it. In other words judgement is a final decision, which decide about rights and liabilities of the court.
- The court may pronounce judgement orally on the day of final hearing, or at some other short date.
- Once, a judgement has been passed a certified copy of the judgement can be obtained on payment of nominal amount within 15 days.
- The judgement shall contain:
- Points for determination
- Concise statement of the case
- Decision
- Reason for such decision,
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Issues framed if any, and decision on each issue.
DECREE (Order 20, Rule 6)
- A decree contains, more than judgement. It contains the following:
- It shall agree with the judgement,
- Number of the suit
- Names and descriptions of the parties
- Registered Addresses of parties
- Particulars of the claim
- Relief granted on other determination
- Amount of the costs incurred in the suit
- Who shall pay the cost, and how and in what proportion it shall be paid.
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Date on which judgement was pronounced.
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A decree is drawn up within 15 days from the date on which the judgement is pronounced.
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A copy of decree can also be obtained in the same way, as a copy of judgement.
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In case of a suit for Recovery of Money, if Decree is passed against defendant, then after the decree is passed, defendant may apply to the court for postponing the payment, or that, money be paid in installments.
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There can be various kinds of Decrees, such as:-
- Decree for recovery of immovable property,
- Decree for delivery of movable property,
- Decree for possession
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Decree for specific Performance of contact for the sale etc.
EXECUTION (OF DECRESS AND ORDERS) (order 21)
Generally an order or judgement is not sufficient for the party in whose favour it has been passed. Many a times it becomes necessary to execute the order through court, as the opposite party may still not follows the order.
This usually happens in case of Money suits, suits for partition, demolition of property etc. In brief the procedure is as follows:
Court on it's own motion:
The court, may on it's own motion, order for the execution of it's order, by directing the opposite party to either deposit money in court, or furnish a surety, or any other direction.
Application by Decree-Holder (O21 R10)
- A decree holder (i.e. one in whose favour, the decree has been passed) can also apply to the court, which passed the decree, for it's execution.
- The application shall be signed and verified by the applicant, and in writing It should also contains the details of the suit and order passed.
- When the application is admitted, the court shall enter the date on which it was made and pass necessary order for execution.
- Then the court shall issue process for execution of the decree O21 R24
- Finally on the date mentioned in the execution order the officer interested shall endorse the execution process.
- In the execution order, if the court feels the need, it may also order for:
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Attachment of the property of person, against who decree has been passed.or
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Sale of the property.
The court may pass such an order, if it feels that the debtor is not willing or unable to pay the money due to the decree holder, or compensate in any other manner. |
