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Allahabad High Court · body

1984 DIGILAW 11 (ALL)

Bijai v. Parwati

1984-01-03

I.B.SINGH

body1984
JUDGMENT I.B. Singh, Member. - This is a plaintiff's second appeal against the judgment and decree dated April 17, 1978 passed by the learned Additional Commissioner, Jhansi Division, Jhansi, dismissing appeal No. 120 of 1977-78 as no copy of the decree was filed with the memo of the 1st appeal, against judgment and decree dated May 23, 1977 passed by the S.D.O./Assistant Collector Ist Class, Baberu, district Banda, dismissing the plaintiff's suit under Section 229-B of the U.P.Z.A. and L.R. Act, as the plaintiff who was present but did not produce any evidence and did not move any adjournment application. 2. I have heard the learned counsel for parties and have gone through the record. 3. It has been argued that no decree was prepared, therefore, its copy could not be filed with the memo of appeal, therefore, the learned lower appellate court committed illegality in dismissing the appeal for want of copy of decree which was actually not prepared. 4. It has ben argued in reply that the appeal is provided only against the decree and the 1st Appeal was rightly dismissed as no copy of the decree was filed and no application for the copy of the decree was moved. 5. It has been argued in rejoinder that the application was moved for copy of the decree also but as no decree was prepared, therefore, its copy could not be filed. 6. It is true that no decree was prepared on the basis of the order dated May 23, 1977 and application was moved for the copies of judgment and decree both. 7. 6. It is true that no decree was prepared on the basis of the order dated May 23, 1977 and application was moved for the copies of judgment and decree both. 7. In cases where no decrees is prepared within 15 days of the pronouncement of the judgment rule 6-A of Order 20 C.P.C. which runs as follows prescribes that on a request by a party desirous of appealing against decree makes it obligatory on the part of the court to certify that the decree has not been drawn up indicating in the certificate the reasons for the delay, giving a copy of the last paragraph of the judgment indicating the names and addresses of all the parties to the suit and that copy of the last paragraph of the judgment shall be deemed to be decree for the purpose of appeal unless the decree is prepared which shall be treated as decree for the purposes of rule 1 of Order 41 C.P.C. "6-A. Last paragraph of judgment to indicate in precise terms the reliefs granted. - (1) The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment. - (1) The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment. (2) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced; but where the decree is not drawn up within the time aforesaid, the Court shall if requested so to do by a party desirous of appealing against the decree, certify that the decree has not been drawn up and indicate in the certificate the reasons for the delay, and thereupon; (a) an appeal may be preferred against the decree without filing a copy of decree and in such a case the last paragraph of the judgment shall, for the purposes of rule 1 of Order XLI, be treated as the decree; and (b) so long as the decree is not drawn up, the last paragraph of the judgment shall, be deemed to be the decree for the purpose of execution and the party interested shall be entitled to apply for a copy of that paragraph only without being required to apply for a copy of the whole of the judgment; but as soon as a decree is drawn up, the last paragraph of the judgment shall cease to have the effect of a decree for the purpose of execution or for any other purpose: Provided that, where an application is made for obtaining a copy only the last paragraph of the judgment such copy shall indicate the name and address of all the parties to the suit." 8. In the present case even rule 6-A of the C.P.C. was not complied with as no copy of last paragraph of the judgment indicating the correct names and addresses of the parties to the suit was filed, therefore, the appeal was incompetent for not filing the decree which could not be filed as no decree was prepared but provisions of Rule 6-A quoted above were also not complied with and the appeal was incompetent, therefore, was rightly dismissed by the lower appellate court, hence this appeal has got no force and it is liable has got no force and it is liable to be dismissed with costs. 9. 9. In view of above, this appeal is hereby dismissed with costs throughout and the judgment and decree passed by the lower appellate court are hereby confirmed.