Achuthan Gopalan Nair vs K. Sreedharan Nair

V. Bhaskaran Nambiar, J.—Does Order 20 Rule 6Aof the CPC apply to final decree in partition suits? The first defendant in a suit for partition is the revision petitioner. The final judgment in the partition suit was delivered on 30-8-1988 with a direction that the plaintiff should produce the necessary stamp papers on or before 30-9-1988 for drafting the final decree. The final decree was not drafted as the plaintiff did not deposit the amount required for the non judicial stamp papers for engrossing the final-decree. He had time till 30th September, 1988 for the purpose. Even before that date, the petitioner, the first defendant, filed an application for issuance of a certificate under order 20 Rule 6A to enable him to file an appeal without the certified copy of the final decree, but on the basis of the certificate under this provision. The court below declined the request holding that order 20 Rule has no application to a final decree in a partition suit. Hence this revision.

Order XX Rule 6A reads thus:

6A. 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.

(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 it 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 the decree and in such a case the last paragraph of the judgment shall, for the purposes of Rule 1 or 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 of only the last paragraph of the judgment, such copy shall indicate the name and address of all the parties to the suit.

Order 20 Rule 6A directs that a decree shall be drawn up as expeditiously as possible after the judgment is delivered and fixes a time limit of fifteen days from the date of the judgment for preparing the decree, In the ordinary course, there cannot be any delay in drawing up the decree, as sub rule 1 provides that the last paragraph of the judgment shall state in precise terms the relief granted by the judgment. No act of court can prejudice any party and delay in the preparation of the decree cannot affect any person desirous of filing an appeal. It is to solve this problem that Order 20 Rule 6A was inserted by the Amendment Act of 1976. It has made provisions for the issuance of a certificate and the certificate so issued is sufficient for the filing of an appeal.

Order 20 Rule 6A gives relief to those persons who, for reasons beyond their control cannot obtain the certified copy of the decree, but still desires to file an appeal against the decree. It, therefore, contemplates cases where a decree can be drawn soon after the judgment, in accordance with the last paragraph of the judgment, and insists that such decree shall be prepared expeditiously, and in any case, within fifteen days from the date of the judgment. Order 20 Rule 6A can have application only in those cases where pursuant to the judgment and without anything more, the court is bound to prepare a decree in terms of the judgment and there is delay in the preparation of that decree. Final decree in a partition suit has to be prepared on non judicial stomp paper and: the parties have to deposit the necessary amount in court for the purpose. The final judgment in a partition suit mentions the time during which the parties have to make the necessary deposit. The decree can be prepared only after the amount is so deposited. The decree has to be engrossed on non judicial stamp paper. If the party bound to deposit the amount for purchase of stamp papers fails 10 do so, the court can allow any other party to deposit the amount for the purpose. If no party deposits the amount required for the stamp papers, the records of the same shall be consigned to the record room without drawing ''up the final decree. This is the effect of rules 236, 237 and 238 of the Civil Rules of practice. Order 20 Rule 6A cannot apply to a final decree in a partition suit as there is no duty cast on the court to prepare the final decree before the amount required far the non judicial stamp papers is deposited in court by one of the parties to the suit and before son judicial stamp papers are available for engrossing the'' decree. A certificate under order 20 Rule 6A in lieu of a final decree in a partition suit thus dispenses with the production of the certified copy of the decree for filing an appeal, entails loss of revenue to the State, and defeats the scheme and procedure for making final decrees in partition suits. Order 20 Rule 6A cannot therefore be read and understood in isolation. It is part of a compact procedure and an interpretation that it cannot apply to final decrees in partition suits maintains the procedural equilibrium.

In the present case, the decree was not prepared as the stamp papers were not furnished. Before the time for deposit of the amount expired, the petitioner filed the application for a certificate under order 20 Rule 6A. The certificate could not be granted as this provision does not apply to final decrees in partition suits. The court below rightly rejected the application. Now as the time fixed for deposit of the amount required for the non judicial stamp papers for engrossing the decree has expired. If the plaintiff has not deposited the amount, nothing prevents the petitioner from depositing the necessary amount as contemplated under rule 236 of the Civil Rules of practice if the required amount is deposited, the court below will, without delay, prepare the final decree, if not already made and grant to the petitioner a certified copy on application.

C.R.P. disposed of as above. No costs.