Civil Procedure Code, 1908 / Order XX

Order XX Rule 9 CPC - Decree for Recovery of Immovable Property

Order XX Rule 9 of the Code of Civil Procedure, 1908 (CPC) requires a decree concerning immovable property to describe the property clearly enough to identify it. When boundaries, settlement records or survey numbers can identify the property, those particulars must be stated in the decree.

Text of Order XX Rule 9 CPC

Where the subject-matter of the suit is immovable property, the decree shall contain a description of such property sufficient to identify the same, and where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.

Meaning and purpose of Rule 9

The rule addresses the identification of the immovable property covered by a civil court decree. A decree should not leave uncertainty about which parcel, building, land or other immovable property is affected. Accurate particulars help the parties understand the relief granted and assist the executing court when possession or other relief must be enforced.

Immovable property: For this rule, the expression refers to the land or other immovable subject matter of the suit. Decree: Section 2(2) CPC defines a decree as the formal expression of an adjudication conclusively determining the rights of parties regarding all or any matters in controversy in the suit, subject to the statutory inclusions and exclusions. Judgment: Section 2(9) CPC defines it as the statement given by the Judge of the grounds of a decree or order.

What details should a property decree contain?

A description sufficient to identify the property actually adjudicated upon.
Property boundaries, where those boundaries identify the property.
Relevant survey numbers or settlement-record numbers, where those numbers identify it.
Other identifying details consistent with the judgment, such as the location, extent and schedule of property, when relevant to avoid ambiguity.

Rule 9 does not prescribe a universal format for every property description. The decisive statutory requirement is sufficient identification, with boundaries or survey/settlement numbers specified where applicable.

Order XX Rule 6: Addresses the contents of a decree and requires the decree to agree with the judgment. Order XX Rule 7: Provides that the decree bears the date of pronouncement of judgment. Order XXI Rule 35: Concerns delivery of immovable property when a decree directs possession. Order XXI Rule 36: Concerns delivery where property is occupied by a tenant or another person entitled to occupy it.

If the property description is disputed or unclear, the parties may need to seek appropriate relief from the court. Whether correction under Section 152 CPC, clarification, or another procedural remedy is available depends on the nature of the error and the judgment; Section 152 does not permit substantive alteration of adjudicated rights under the guise of correcting a clerical mistake.

Practical example

Suppose a court decrees possession of a plot identified in the pleadings and evidence by survey number, village and four boundaries. The decree should identify that plot sufficiently and state the applicable survey number or boundaries, rather than merely saying that the plaintiff is entitled to an unspecified plot. This helps prevent confusion during execution.

Official legal references

Read the Code of Civil Procedure, 1908 on India Code and the official CPC text (PDF) for the statutory language, schedules and related provisions. State amendments and applicable High Court rules should also be checked for the relevant proceeding.

This article provides general information about the central CPC provision, not advice on a particular decree or property dispute.