Order XX Rule 6A CPC - Preparation of Decree

Order 20 Rule 6A of the Code of Civil Procedure, 1908 addresses the timely drawing up of a decree after judgment and the ability to file an appeal while the formal decree is not yet available.

Text of Order XX Rule 6A - Preparation of decree

Source: India Code - Code of Civil Procedure, 1908 (official PDF). State amendments and applicable High Court rules should also be checked.

Meaning and legal effect of Rule 6A

Rule 6A(1): Fifteen-day period for preparing the decree

A judgment states the court's reasons and decision; a decree formally expresses the adjudication determining the rights of the parties in a suit. Section 2(2) CPC defines a decree, while Section 2(9) defines a judgment. Rule 6A(1) directs the court to prepare the decree expeditiously, aiming for completion within fifteen days after judgment is pronounced. The provision is directed at avoiding administrative delay in drawing up the formal decree.

Rule 6A(2): Appeal when the formal decree is not ready

The rule permits an appeal without initially filing a copy of the drawn-up decree. For the purpose of Order XLI Rule 1, the copy made available by the court is treated as the decree in the circumstances described by Rule 6A(2). Once the formal decree is drawn up, the judgment ceases to have the effect of a decree for execution or any other purpose under this rule.

This does not dispense with applicable limitation requirements, court fees, other filing formalities, or directions of the appellate court. Parties should follow the relevant High Court rules and obtain the formal decree when available.

Related provisions of the CPC

• Section 2(2): Defines a decree as the formal expression of an adjudication conclusively determining rights of parties regarding all or any matters in controversy in the suit, subject to statutory inclusions and exclusions.
• Section 2(9): Defines a judgment as the statement given by the judge on the grounds of a decree or order.
• Order XX Rule 6: Sets out the required contents of a decree and requires it to agree with the judgment.
• Order XX Rule 6B: Addresses making copies of judgments available after pronouncement for the purpose of appeal, subject to prescribed charges.
• Order XX Rule 7: Provides that the decree bears the date on which judgment was pronounced.
• Order XLI Rule 1: Governs the form of an appeal from an original decree and the documents accompanying the memorandum of appeal, subject to Rule 6A and applicable procedural rules.

Practical steps after a civil court judgment

• Request the judgment copy and apply for the decree through the court's prescribed copying process.
• Check the date of pronouncement and promptly calculate the applicable appeal limitation period; do not assume that a delay in drawing up the decree automatically extends limitation.
• If the decree is not ready, examine filing an appeal under Order XX Rule 6A(2), with the copy made available by the court and any documents required by the appellate court.
• When the decree is drawn up, obtain it for the appeal record, execution proceedings, or other purposes as directed by the court.

Frequently asked questions

How soon should a decree be prepared after judgment?

Order XX Rule 6A(1) calls for preparation as expeditiously as possible and, in any case, within fifteen days from pronouncement of judgment.

Can an appeal be filed before the decree is prepared?

Yes. Order XX Rule 6A(2) provides for an appeal without filing a copy of the formal decree, subject to the terms of the rule and other applicable appeal requirements.

Is the judgment permanently treated as the decree?

No. Under Rule 6A(2), once the decree is drawn up, the judgment ceases to have the effect of a decree for execution or any other purpose.

This article explains the central CPC provision for general information. Local amendments, High Court rules and the facts of an individual case may affect procedure.