Date of decree
Full Text
The decree shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.
Plain English Summary
Establishes that the decree must bear the exact date on which the judgment was pronounced, irrespective of when it is physically drafted or signed by the presiding judge.
Key Legal Elements
- Date of Judgment Governs: Decree relates back to the date of pronouncement.
- Impact on Limitation: Limitation for execution (12 years under Article 136) and appeal runs from the date of judgment.
- Judicial Verification: Judge signs only after satisfying harmony with judgment.
Practical Note
Limitation Computation under Order XX Rule 7: 1. Doctrine of Relation Back: Even if the decree is physically drawn and signed 3 months later, its legal date is the date of the judgment. In computing the 12-year limitation for execution under Article 136 of the Limitation Act, time runs from the date of judgment. 2. Ram Bhavan Singh v. Jagdish (1990) 4 SCC 309: Affirmed that the decree relates back to the judgment date.
हिंदी पाठ
डिक्री पर वही दिन अंकित होगा जिस दिन निर्णय सुनाया गया था, और जब न्यायाधीश का यह समाधान हो जाता है कि डिक्री निर्णय के अनुसार तैयार कर ली गई है, तो वह डिक्री पर हस्ताक्षर करेगा।