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Bare acts > Code of Civil Procedure, 1908 > Order 20 Rule 6
 
  


 

6. Contents of decree.- (1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, their registered addresses, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.

(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid.

(3) The court may direct that the costs payable to one party by other shall be set off against any sum which it admitted or found to be due from the former to the latter.


HIGH COURT AMENDMENTS

Andhra Pradesh.- (a) In Rule 6 in sub-rule (1) after the words “description of the parties” the words “their addresses for service”, shall be inserted.

(b) Alter sub-rule (2) the following be inserted as sub-rule (2-A):

“(2-A) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating to the actual expenses reasonably incurred by the defendant.”

Bombay.- In Order XX, Rule 6, for the existing sub-rule (1) and its marginal note, substitute the following as sub-rule (1) and marginal note:

“6. Contents of decree.— (1) The decree shall agree with the judgment; it shall contain the date of presentation of the plaint, the number of the plaint, the number of the suit, the names and descriptions of the parties, their registered addresses and particulars of the claim, and shall specify clearly the relief granted or other determination of the Suit.” (1.10.1983).

Delhi.- Same as that of Himachal Pradesh.

Himachal Pradesh.- After sub-rule (1) add the following:

“(1-A) In addition to the particulars mentioned in clause (1) the decree shall contain the addresses of the plaintiff and the defendant as given in 0. VII, R 19 and 0. VIII, R. 11 or as subsequently altered under 0. VII, R. 24 and 0. VIII, R. 12 respectively.”

Karnataka.- Delete Rule 6 and substitute the following:

“6. (1) The decree shall agree with the judgment; it shall contain the number of the suit, names and descriptions of the parties, their respective addresses for service as originally set out in their pleadings or where they have been subsequently changed in accordance with Rule 14 of Order VI of this Code, such modified addresses, the particulars of the claim and shall specify clearly the relief granted or other determination of the suit.

(2) The decree shall also state the amount of Costs incurred in the suit and by whom or out of what property and in what proportions such costs are to be paid.

(3) The Court may direct that the Costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.

(4) In all cases in which an element of champerty or maintenance is proved, the Court may provide in the final decree for costs on a special scale approximating t° the actual expenses reasonably incurred by the defendant.” (30.3.1967).

Kerala.- Same as that of Andhra Pradesh (a) (9.6.1959).

Madras.- Same as that of Andhra Pradesh (6.5.1930).

Punjab, Haryana and Chandigarh.- Sub-rule (1-A) same as Himachal Pradesh. (10.2.1937)

The following shall be substituted for sub-rule (1) to Rule 6 of Order XX:

“(1) The decree shall agree with the judgment, it shall contain the number of the suit, the names and descriptions of the parties, their correct and latest addresses, (which shall be filed by the parties at or before the final arguments) and particulars of the claim and shall specify clearly the relief granted or other determination of the suit.”(Vide Noti. No. GSR 39/C.A. 5/1908/S. 12257, w.e.f. 11.4.1975).

 

 

 

 

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