Order XX Rule 7 CPC - Date of Decree

Order 20 Rule 7 of the Code of Civil Procedure, 1908 determines the date that must appear on a civil court decree and requires the judge to verify that the decree agrees with the judgment before signing it.

Text of Order XX Rule 7 - Date of Decree

Source: Code of Civil Procedure, 1908 - official India Code text (PDF), First Schedule, Order XX, Rule 7.

Meaning and legal requirements

The rule establishes two requirements. First, the date shown on the decree must be the date on which the court pronounced its judgment, even if the formal decree is prepared or signed later. Second, before signing the decree, the judge must be satisfied that the written decree accurately reflects the judgment.

1. Date of pronouncement is the date of the decree

The date entered on the decree is not ordinarily the later date on which the court office types, draws up or issues the formal document. Rule 7 expressly links the date of the decree to the pronouncement of judgment. The dates of signing and preparation may nevertheless be relevant to the procedural record.

2. Judge must verify and sign the decree

The judge must check that the decree is drawn up in accordance with the judgment before signing it. This protects against discrepancies between the relief actually adjudicated and the relief recorded in the formal decree.

What is a decree under Section 2(2) CPC?

Section 2(2) defines a decree, in substance, 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. It may be preliminary or final, and the statutory definition includes and excludes specified categories. A judgment is separately defined under Section 2(9) as the statement given by the judge on the grounds of a decree or order.

Read the statutory definitions in the official CPC text.

Related provisions of Order XX

Rule 6 - Contents of decree: The decree must agree with the judgment and identify the suit, parties, claim and relief, along with the applicable treatment of costs.

Rule 6A - Preparation of decree: Every endeavour must be made to draw up the decree expeditiously and, in any case, within fifteen days of pronouncement of judgment. It also addresses preferring an appeal before the decree is drawn up.

Rule 6B - Copies of judgments: Copies are to be made available to parties immediately after pronouncement for preferring an appeal, subject to charges specified under the relevant High Court rules.

Rule 8 - Judge vacating office: Where a judge leaves office after pronouncing judgment but before signing the decree, the rule provides for signing by a successor or another specified judge.

Practical example

Suppose a civil court pronounces judgment on 10 September, and its office prepares the formal decree on 18 September. Under Order XX Rule 7, the decree should bear 10 September as its date. Before signing, the judge must ensure that its contents accurately reproduce the adjudication in the judgment.

Does the date of decree determine the appeal deadline?

The decree date is important, but the computation of an appeal limitation period requires consideration of the Limitation Act, 1963, particularly the applicable appeal article and Section 12 concerning exclusion of specified time, as well as relevant court rules and judicial decisions. The mere date on which a certified copy is received does not by itself establish the limitation deadline. Parties should calculate the applicable period in their particular case.

Official legal reference

Consult the India Code record for the Code of Civil Procedure, 1908 and the official statutory PDF. Local High Court amendments and procedural rules should also be checked where relevant.

This article provides general legal information and is not a substitute for advice on a particular case.