Judgment · High Court · 2009

Heard Mr PP Baruah, learned counsel for the applicants. The applicants, in the present application, have prayed for treating the operative part of the judgment dated 28th October 2009 passed by learned Distri ct Judge, Jorhat in Title Appeal No.9/2007 as the decree, as no separate decree has been brought. Order 20 Rule 6A of CPC requires making all endeavour for drawing up the decree as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced. Sub-rule (2) provides that an appe al may be preferred against the decree without filing a copy of the decree and i n such a case the copy made available to the party by the Court shall for the pu rpose of rule 1 of Order 41 be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purpos es of execution or for any other purpose. It is the contention of the applicants that since no decree has been dra wn till date though judgment was passed on 28th October 2009, the operative part of the judgment be treated as the decree for the purpose of filing an appeal. The prayer is allowed. The applicants, however, as soon as the decree is drawn, shall file the certified copy of the decree before the registry of this Court. The miscellaneous application is allowed.