Judgement, Decree and Order, Cavet

January 16, 2019

Judgement

In this legal world, judgment given by any court followed by its decree play an important role to define the scope and limitations of any individual. Daily various judgments are pronounced and decree following it took place in the courts of our country. Various civil cases are also being disposed off each working day. These judgments are important as they act as precedents for future declarations, so it is very necessary that they stick to the judicial reasoning without bringing their own discretionary power blindly. After so many judgments and backing it up with the decree also, certain issues do arises which tends to confuse us. Civil Procedure Code, 1908 has been drafted very nicely but then also certain loopholes are there providing leeway for the creeping of unnecessary elements. As no law seems to perfect for us but then also effort should be made to take them somewhere close to the shell of perfectness.

Section 2(9) defines judgment as “Judgment means the statement given by a judge on the basis of a decree or order.”

Essentials

The essential element of a judgment is that there should be a statement for the grounds of the decision[1]. Every judgment other than that of a court of small causes should contain:

1. A concise statement of the case

2. The points for determination

3. The decision thereon

4. The reasons for such decision

A judgment in the court of small causes may contain only point b) and c). Sketchy orders which are not self contained and cannot be appreciated by an appellate or revisional court without examining all the records are, therefore, unsatisfactory and cannot be said to be a judgment in that sense.

As the Supreme Court in Balraj Taneja v. Sunil Madan[2], a judge cannot merely say “suit decreed” or “suit dismissed”. The whole process of reasoning has to be set out for deciding the case one way or the other. Even the Small Causes Courts judgments must be intelligible and must show that the judge has applied his mind. The judgment need not, however, be a decision on all the issues in a case. Thus, an order deciding a preliminary issue in a case, e.g. constitutional validity of a statute is a judgment.

Conversely, an order passed by the Central Administrative Tribunal cannot be said to be a judgment, even it has been described as such. Similarly the meaning of the term ‘judgment’ under the Letters Patent is wider than the definition of ‘judgment’ under the CPC[3].

Pronouncement of a Judgment

After the hearing has been completed, the court shall pronounce the judgment in open court, either at once or at some future day, after giving due notice to the parties or their pleaders[4]. Once the hearing is over there should not be a break between the reservation and pronouncement of judgment.

Before the Amendment Act 1976, no time limit was provided between hearing of arguments and delivery of the judgment. There was a persistent demand all over India for imposing a time limit for the delivery of the judgment after the conclusion of the hearing of the case.

Accordingly, it is provided that if a judgment isn’t pronounced at once then it must be delivered within 30 days from the conclusion of the hearing. Where however it is not practicable to do so due to exceptional and extraordinary circumstances, it may be pronounced within 60 days. Due notice of the day fixed for the pronouncement of the judgment shall be given to the parties or their pleaders[5]. The judge need not read out the whole judgment and it would be sufficient only if the final order is pronounced[6]. The judgment must be dated and signed by the judge[7]. Rule 2 enables a judge to pronounce a judgment which is written but not pronounced by his predecessor.

A reference in this connection can be made to the case of Anil Rai v. State of Bihar[8] in which after arguments of the counsel were over but the judgment was reserved by the High Court which was pronounced after 2 years. The action was strongly deprecated by the Supreme Court.

The court was conscious that for High Court no particular period was prescribed for pronouncement of judgment, but the judgment must be pronounced expeditiously.

Moreover, the judgment must be based on the grounds and points in the pleadings and not outside the case put forward by the parties in their pleadings. On one hand the court should record findings on all the points raised by the parties and on the other hand, it should not decide any question which doesn’t arise from the pleadings of the parties or is unnecessary[9].

Copy of the judgment

Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court[10].

Contents of the judgment (rules 4-5)

Contents of judgment as per rule 4 order 20

(1) Judgments of a court of small causes need not contain more than the points for determination and the decision thereon.

(2) Judgments of other courts—Judgments of other courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.

In suits in which issues have been framed, the court must record its findings with each separate issue with reasons[11]. Recording of reasons in support of judgement may or may not be considered to be one of the principles of natural justice, but it can’t be denied that the recording of reasons in support of a decision is certainly one of the visible safeguards against possible injustice and arbitrariness and affords protection to the person adversely affected.

A judgment may be a self contained document from which it should appear as to what the facts of the case were and what was the controversy which was tried to be settled by the court and in what manner. The process of reasoning by which the court came to a particular conclusion and decreed or dismissed the suit should certainly be reflected in the judgment[12].

Alteration of a judgment

A judgment once signed cannot be amended afterwards or altered except:

1. To correct clerical or arithmetical errors

2. Errors due to accidental slips or omissions (section 152)

3. Or on review (section 114)[13]

Judgment and Decree distinction

Judgment is a statement given by a judge on the grounds of a decree or order. It is not necessary for a judge to give a statement in a decree though it is necessary in a judgment.
It is not necessary that there should be a formal expression of the order in the judgment, though it is desirable to do so. Rule 6 order 20 states that last paragraph of the judgment should state precisely the relief granted.
A judgment contemplates a stage prior to the passing of a decree or an order and after the pronouncement of the judgment, a decree shall follow[14].

Order

Section 2(14) defines order as “order” means the formal expression of any decision of a Civil Court which is not a decree. Thus the adjudication of the court which is not a decree is an order. As a general rule, an order of a court is founded on objective considerations and as such the judicial order must contain a discussion of the question at issue and the reasons which prevailed with the court which led to the passing of the order.

Order and decree similarities

The adjudication of a court of law may either be:

1. A decree

2. An order

It cannot be both. There are some common elements in both of them.

– Both relate to matters in controversy;

– Both are decisions given by a court;

– Both are adjudications of a court of law;

– Both are formal expressions of a decision.

Order and Decree distinction:

1. A decree can only be passed in a suit which commenced by presentation of a plaint. An order may originate from a suit by presentation of a plaint or may arise from a proceeding commenced by a petition or application.

2. A decree is an adjudication conclusively determining the rights of the parties with regard to all or any of the matters in controversy. An order on the other hand, may or may not finally determine such rights.

A decree may be preliminary or final or partly preliminary and partly final, but there can’t be a preliminary order.

1. Except in certain suits, where two decrees, one preliminary and other final are passed, in every suit there can be only one decree; but in the case of a suit or a proceeding, a number of orders may be passed.

2. Every decree is appealable, unless otherwise expressly provided[15], but every order is not appealable. Only those orders are appealable as specified in this Code[16].

3. A Second Appeal lies to the High Court on certain grounds from the decree passed in the First Appeal[17]. Thus there may be two appeals; while no Second Appeal lies in case of Appealable Orders.[18]

Decree

Section 2(2) of the Code of Civil Procedure defines Decree as follows:-

Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

It shall be deemed to include the rejection of a plaint and the determination of any question within section 144 of CPC, but shall not include-

a) any adjudication from which an appeal lies as an appeal from an order, or

b) any order of dismissal for default.

Essentials of a decree

The following are the essentials of a decree:-

There must be a formal expression of an adjudication;
The adjudication must have been given in a suit before the Court;
The adjudication must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit.
Such adjudication must be conclusive.

“Adjudication.- The legal process of resolving a dispute. The formal giving or pronouncing a judgment or decree in a court proceeding; also the judgment or decision given. The entry of a decree by a court in respect to the parties in a case. It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved.”

Kinds of decrees

The Civil Procedure Code under section 2(2) recognizes the following three classes or types or kinds of decrees:

1. Preliminary Decree;

2. Final Decree

3. Partly preliminary and partly final Decree

Preliminary Decree:

A preliminary decree is that decree which decides the rights of the parties, with regard to all or any of the matters in controversy in suit but does not completely dispose of suit. It declares the rights and liabilities of the parties leaving the actual result to be worked out in further proceeding.

Explanation: appended to Section 2(2) states that a decree is preliminary when further proceeding have to be taken before the suit can be completely disposed of. Thus, preliminary decree is passed in those cases where proceeding in a suit are to be carried out in two stages, First when rights of Parties are adjudicated thereafter, in Second stage those rights are implemented.

Final decree:

A final decree is one which completely disposes of the suit and finally settle all questions in controversy between parties and nothing further remains to be decided thereafter.

Explanation: attach to the definition of decree under Section 2(2) clearly states that a decree is final when the adjudication completely disposes of the suit.

Partly preliminary and partly final decree:

A decree may be partly preliminary and partly final. The issue of a decree being partly preliminary and partly final arises when the Court decides two question by the same decree. Thus, in a suit for possession of immovable property with Mesne Profits, if the Court passes a decree of possession of immoveable property in favour of plaintiff and directs an enquiry into the mesne profits, then the former part of decree is final while latter part is preliminary decree because the final decree for relief of mesne profits can be drawn only after enquiry.

Deemed decree

It shall be deemed to include the rejection of a Plaint and the determination of any question within sec-144, but shall not include –

(a) Any adjudication from which an appeal lies as an appeal from an order, or

(b) Any order for dismissal for default.

Explanation – A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudications completely disposes of the suit. It may be partly preliminary and partly final.
The adjudications of a court may be divided into two classes: either Decree or Order. It means the adjudications, which are not decree, are orders and vice versa.

Adjudication means: judicial determinations of the matters in disputes. So, if a suit is dismissed for default of appearance of parties, or an appeal for want of prosecution etc. it cannot be considered as adjudication as court has not determined the matter in controversy judicially.

Court: is a place where justice is administered. To be a court, the person constituting it must have been entrusted with judicial functions. Hence, a decision by an administrator on administrative nature cannot be considered as a decision by the court. Thus an order passed by an officer who is not a decree[19] .

Suit: The word suit is not defined anywhere in the code. However, Privy Council have defined it in Hansraj Gupta V. Official Liquidators of the Dehra Dun-Mussoorie Electric Tramways Co. Ltd[20] “As per the definitions given in this case, the word ‘suit’ generally means and apart from some other context must be taken to mean, a civil proceeding instituted by the presentation of a Plaint”.

Thus, if a proceeding does not start by presenting a plaint, rather by other means; say by making an application or otherwise, then it cannot be considered as a suit and hence adjudication so done by the court will not be termed as a decree.

Now, if it so, the problem may be faced when any adjudication take place on any matter presented in front of the court by making an application, especially under the Indian Succession Act, the Hindu Marriage Act, the Land Acquisition Act, the arbitration Act, etc. And hence, the legislature to treat the adjudication of the court in the above mentioned act as decree has given the status of this adjudication as ‘Statutory Decree’.

Therefore, a proceeding which does not commence with a plaint and which is not treated as a suit under any other act (means statutory suit), cannot be said to be a suit under the Code and the decision given therein cannot be said to be a decree under sec-2(2) of the Code. Thus, as observed in Diwan Bros. V. Central Bank of India[21], a decision of a tribunal, even though described as ‘decree’ under the Act, is a decree passed by a tribunal and not by a court covered by Sec-2(2).

Necessity of a decree

The Code requires passing of decree in all suits. A decree is thus an essential part of the ultimate outcome of the suit. Decree is an indispensible requisite. An appeal lies against a decree and not against a judgment. Without a decree an appeal cannot be “put in motion”. A decree is therefore an absolute necessity.

Drawing up of a decree: Rule 6-A

A decree should be drawn up within 15 days from the date of the judgment. If a decree is not drawn up, an appeal can be preferred without filing a copy of the decree.

Form of a decree

A decree should be in the form as prescribed by Appendix D to the (First) Schedule with necessary variations.

Contents of a decree

The decree shall follow the judgment, agree with it and bear:

1. The number of the suit

2. The names and description of the parties and their registered addresses

3. The particulars of their claims

4. The relief granted

5. The amount of costs incurred in the suit , and by whom or out of what property and in what portions are they paid

6. The date on which the judgment was pronounced

7. The signature of the judge[22]

Decrees in special cases: Rule 9-19

– In suit for recovery of immovable property, the decree shall contain a description of such property sufficient to identify it, e.g. boundaries, survey numbers etc.

– A decree for delivery of movable property must state the amount of money to be paid as an alternative if the delivery of isn’t made[23].

– In a decree for payment of money, the court may order that the payment of decretal amount shall be postponed or shall be made by installments with or without interest[24].

– In a suit for recovery of possession of immovable property, the court may pass a decree:

1. For possession of property

2. (a) for past rent or mesne profits or

(b) Direct an enquiry to such rent or mesne profits

3. Final decree in respect of rent or mesne profits in accordance with the result of such inquiry[25].

Rule 12A states: Decree for specific performance of contract for the sale or lease of immovable property

– Where a decree for the specific performance of contract for the sale or lease of immovable property orders that the purchase money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made.

Rule 13 states: Decree in administration suit

– Where a suit is for an account of any property and for its due administration under the decree of the Court, the Court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other directions as it thinks fit.

– In the administration by the Court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, within the local limits of the Court in which the administration suit, is pending with respect to the estates of persons adjudged or declared insolvent, and all persons who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code.

Rule 14 states: Decree in pre-emption suit

– Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall-

1. Specify a day on or before which the purchase-money shall be so paid, and

2. direct that on payment into Court of such purchase-money, together with the costs (if any) decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accused from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs.

Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,— 85 (a) if and in so far as the claims decreed are equal in degree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would but for such default, have taken effect; and (b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-emption shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions.

Rule 15 states that: Decree in suit for dissolution of partnership—

– Where a suit is for the dissolution of partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done.

Rule 16 states that: Decree in suit for account between principal and agent—

– In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not herein before provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass preliminary decree directing such accounts to be taken. The court can give special directions regarding mode of taking accounts[26].

In decree passed in a suit for the partition of a property or for the separate possession of a share therein,

1. The estate is assessed to the payment of revenue to the government, the decree shall declare the rights of several parties interested in the property but shall direct partition or separation to be made by the Collector (section 54)[27].

2. In other cases of immovable property, if the partition or separation cannot conveniently be made without further inquiry, the court may pass a preliminary decree declaring the rights of the parties and giving necessary directions and thereafter a final decree shall be passed[28].

A decree where the defendant has been allowed a set off or counter claim against the claim of the plaintiff shall state what amount is due to the plaintiff and what amount is due to the defendant[29].

Caveat

The tern “caveat” has not been defined anywhere in the Code. The word (caveat) has been derived from the Latin word which means “beware”. In other words, a caveat is a caution or a warning given by a party to the court not to take any action or to grant any relief to the applicant without notice or intimation being given to the party lodging the caveat and interested in appearing and objecting to such relief.

The Section 148A of the Code reads as under,

148A: Right to lodge a caveat:

1. Where an application is expected to be made, or has been made, in a suit or proceedings instituted, or about to be instituted, in a Court, any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.

2. Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post, acknowledgement due, on the person by whom the application has been or is expected to be, made, under sub-section (1).

3. Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or proceeding, the Court, shall serve a notice of the application on the caveator.

4. Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the caveator at the caveator’s expense, with a copy of the application made by him and also with copies of any paper or document which has been, or may be, filed by him in support of the application.

5. Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.

There are five basic ingredients to the section, which are discussed in brief,

1. Who may lodge a Caveat? (Clause 1)

Any person claiming a right to appear before the Court,
Where an application is expected to be made
Where an application has already been made
In a suit or proceeding instituted
In a suit or proceeding which is about to be institute
May lodge a caveat thereof. It is substantive in a nature.

2. When caveat may be lodged?

Normally a caveat may be lodged after the judgment is pronounced or order is passed. In exceptional cases, a caveat may be filed even before pronouncement of the judgment or passing of an order.

3. When caveat doesn’t lie?

The section cannot be construed to mean and provide that even in cases where the Code doesn’t contemplate notice, it can be claimed by lodging a caveat. Such a construction would be inconsistent with the object underlying section 148-A.

4. Form

No form of caveat has been provided for in this Code. A caveat may be filed in the form of a petition wherein the caveator has to specify the nature of the application which is expected to be made or has made and also his right to appear before the court at the hearing of such application.

5. Notice

When a caveat is lodged, the court will serve a notice of an application on the caveator. The section obliges the applicant who has been served with a caveat to furnish the caveator, at the caveator’s expense, a copy of the application along with the copies of papers and documents submitted by him in support of his application.

6. Duties of the Caveator (Clause 2)

This clause is directive in nature. The person by whom the Caveat has been lodged is called a Caveator. He shall, serve a notice of the Caveat by registered post, acknowledgement due on the person by whom the application has been made on the person by whom the application is expected to be made.

7. Duty of the Court (Clause 3)

After a Caveat has been lodged under Clause 1, if any application is filed in any suit or proceeding, the Court shall serve a notice of the application on the Caveator. This clause is mandatory in nature.

8 Duties of the Applicant (Clause 4)

It is directive in nature and says that, where a notice of any Caveat has been served on the applicant, he shall furnish, at the expense of the Caveator, a copy of the application made by him. Copies of any paper or document which has been filed by him in support of his application. Copies of any paper or document which may be filed by him in support of his application.

9. Life of a Caveat Petition (Clause 5)

The life of the petition is 90 days, from the date on which it was lodged. The only exception is, if the application already exists, or has been made before the said period, the clause ceases to exist.

All the above five ingredients are vital to a Caveat petition all the above are to be followed austerely.

Object and Scope of the Section:

The object of this section is to safeguard the interest of the Caveator, who is ready to face the suit or proceedings which is expected to be instituted by his opponent, affording an opportunity to be heard, before an ex-parte order is made. Also, to avoid multiplicity of proceedings, so as to save the costs and conveniences of the Courts.
The Scope of the section was laid down in various cases. In the case of Nirmal Chandra Dutta vs Girindra Narayan Roy And Ors[30] the Court had said that any party affected by an interim order can file a Caveat petition. Also, in the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma[31], the court opined that a person who is a total stranger to a proceeding cannot lodge a caveat.

Frequently Asked Questions

1. Define decree.

Section 2(2) of the Code of Civil Procedure defines Decree as- the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final.

2. What are the essentials of a decree?

The following are the essentials of a decree:-

a) There must be a formal expression of an adjudication;

b) The adjudication must have been given in a suit before the Court;

c) The adjudication must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit.

d) Such adjudication must be conclusive.

3. Differentiate between preliminary and final decree.

A preliminary decree is that decree which decides the rights of the parties, with regard to all or any of the matters in controversy in suit but does not completely dispose of suit.

Whereas, a final decree is one which completely disposes of the suit and finally settle all questions in controversy between parties and nothing further remains to be decided thereafter.

4. Define how the judgment of a Court is the final analysis of the entire case; while the formal expression thereof is clothed into a different legal document under section 2(2) C.P.C. Trace the difference between the two and also why scheme of code has placed both of them under different pedestal.

Judgment as contemplated under section 2(9) is a statement given by a judge on the grounds of a decree or order. However, It is not necessary for a judge to give a statement in a decree under section 2(2) though it is necessary in a judgment.
It is not necessary that there should be a formal expression of the order in the judgment, though it is desirable to do so. Rule 6 order 20 states that last paragraph of the judgment should state precisely the relief granted.
A judgment contemplates a stage prior to the passing of a decree or an order and after the pronouncement of the judgment, a decree shall follow.

What is the difference between a judgment and decree?

Ans. Refer Q. 4

5. Define caveat? Discuss its scope.

Section 148 A provides the provision relating to Cavet application.

The Scope of the section was laid down in various cases. In the case of Nirmal Chandra Dutta vs Girindra Narayan Roy And Ors[32] the Court had said that any party affected by an interim order can file a Caveat petition. Also, in the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma[33], the court opined that a person who is a total stranger to a proceeding cannot lodge a caveat.

6. Who can lodge a caveat?

Clause 1.- Any person claiming a right to appear before the Court,

– Where an application is expected to be made

– Where an application has already been made

– In a suit or proceeding instituted

– In a suit or proceeding which is about to be institute

– May lodge a caveat thereof. It is substantive in a nature.

7. When does the caveat lie and when it does not?

Normally a caveat may be lodged after the judgment is pronounced or order is passed. In exceptional cases, a caveat may be filed even before pronouncement of the judgment or passing of an order.

WHEN IT DOES NOT LIE- The section cannot be construed to mean and provide that even in cases where the Code doesn’t contemplate notice, it can be claimed by lodging a caveat. Such a construction would be inconsistent with the object underlying section 148-A.

8. Discuss the rights and duties of a Caveator?

The person by whom the Caveat has been lodged is called a Caveator. He shall, serve a notice of the Caveat by registered post, acknowledgement due on the person by whom the application has been made on the person by whom the application is expected to be made

9. Discuss the role of the court after a caveat is lodged?

Edited by – Sakshi Agarwal

Quality Check – Ankita Jha

Approved & Published by – Sakshi Raje

References

[1] Vidyacharan Shukla v.Khubchand Baghel AIR 1964 SC 1009

[2] (1999) 8 SCC 396 at p.415

[3] Shah Babulal v. Jayaben D Kania (1981) 4 SCC 349

[4] Section 33, order 20 rule 1

[5] Proviso to rule 1(1)

[6] Rule 1(2)

[7] Rule 3

[8] (2001) 7 SCC 318

[9] Swaran Lata v. H.K. Banerjee (1969) 1 SCC 709

[10] Order 20 Rule 6-B

[11] Order 20 rule 5

[12] Balraj Taneja v. Sunil Madan (1999) 3 Civ LJ 370

[13] Samarendra Nath v. Krishna Kumar AIR 2001 SC 1440

[14] Section 33 of the civil procedure code

[15] Section 96

[16] Section 104, order 43 rule 1

[17] Section 100

[18] Section 104(2)

[19] Deep Chand V. Land Acquisition Officer, AIR 1994 SC 1901.

[20] AIR 1933 PC 63

[21] AIR 1976 SC 1503

[22] Section 33 rule 6, 7. Jagat Dhish v Jawahar Lal AIR 19961 SC 832

[23] Rule 10

[24] Rule 11

[25] Rule 12

[26] Rule 17

[27] Rule 18(1)

[28] Rule 18(2)

[29] Rule 19

[30] AIR 1978 Cal 492, 82 CWN 1026

[31] AIR 1991 Ker 411

[32] AIR 1978 Cal 492, 82 CWN 1026

[33] AIR 1991 Ker 411