Code of Civil Procedure, 1908 | Order XX

Order XX Rule 6 CPC - Contents of Decree

Order XX Rule 6 of the Code of Civil Procedure, 1908 (CPC) prescribes what a civil court decree must contain. The decree must accurately reflect the judgment, identify the suit and parties, specify the relief granted, and state how litigation costs are to be paid.

Order XX Rule 6 CPC - Statutory provision

Rule 6(1): Decree must agree with the judgment

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.

Rule 6(2): Costs of the suit

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.

Rule 6(3): Set-off of costs

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.

These three sub-rules set out the central requirements of Order 20 Rule 6. See the official Code of Civil Procedure, 1908 (India Code PDF).

Meaning of a decree under Section 2(2) CPC

Section 2(2) defines a decree as the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of parties concerning all or any of the matters in controversy in the suit. A decree may be preliminary or final; the statutory definition also covers certain deemed decrees and excludes specified adjudications. The judgment, defined in Section 2(9), is the statement given by the judge of the grounds of a decree or order.

In practical terms, the judgment records the court's reasoning, while the decree formally states the operative determination. Rule 6 requires consistency between them.

Mandatory contents of a civil court decree

Suit number: identifies the civil proceeding.
Parties: names, descriptions and registered addresses of the parties.
Particulars of claim: identifies the subject matter and relief sought.
Relief or determination: clearly records what the court has granted, refused or otherwise decided.
Costs: specifies the amount and allocation of costs, including the persons or property liable and applicable proportions.
Set-off where directed: records any adjustment of costs against an amount due between the parties.

How costs and set-off work under Rule 6

Under sub-rule (2), it is not sufficient merely to mention that costs have been awarded: the decree should record their amount and the allocation ordered by the court. Sub-rule (3) allows the court, where appropriate, to offset costs awarded to one party against money due from that party to the other. This is a discretionary direction, not an automatic adjustment in every case.

Order XX Rule 6A - Preparation of decree

The court should endeavour to draw up the decree expeditiously and, in any event, within fifteen days of pronouncement of judgment. Rule 6A also addresses the position of an appeal where a formal decree copy has not yet been prepared.

Order XX Rule 7 - Date of decree

A decree bears the date on which the judgment was pronounced, and the judge signs the decree after satisfying themselves that it agrees with the judgment.

Order XX Rules 9 and 10 - Property decrees

Rule 9 requires sufficient identification of immovable property in a recovery decree. Rule 10 requires an alternative monetary amount where a decree orders delivery of movable property and delivery cannot be obtained.

Section 152 CPC - Clerical or arithmetical mistakes

Section 152 allows the court to correct clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from an accidental slip or omission. It is not a general power to reopen the merits of a judgment.

Section 33 CPC - Judgment and decree

Section 33 provides that after the case has been heard, the court shall pronounce judgment and a decree shall follow on that judgment.

Practical importance of an accurate decree

A properly drafted decree assists parties in understanding the precise relief granted and supports subsequent enforcement or appellate proceedings. If the decree appears inconsistent with the judgment, the parties should promptly examine the certified records and consider the appropriate procedural remedy. The applicable rules and any High Court or state amendments should also be checked in the relevant jurisdiction.

Official legal reference

Code of Civil Procedure, 1908 - India Code, official text (PDF). The statutory text and applicable local amendments govern in case of any difference from this explanatory article.