Apr - High Court of Judicature at Allahabad

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390 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 thus ordered that suit is dismissed with easy costs. 16. Now we come to the question as to what ought to be the contents of decree. 17. Order XX Rule 6 CPC provides that the decree shall normally specify the relief granted or other determination of suit. In respect to Suit-1 we find that S.U. Khan, J. has not granted any relief to the plaintiff and D.V. Sharma, J. has held that plaintiff is not entitled for any relief and the suit is dismissed. In our view there is no occasion in Suit-1 while preparing the decree to mention other determination when majority has not granted any relief to plaintiff. It is only in the decision of Sudhir Agarwal, J. where suit has been decreed partly and some relief has been granted but that is in minority so far as this aspect is concerned. 18. Now the question would be whether minority decision should also form part of the decree or not. 19. Lots of arguments have been advanced on this aspect. Reference was made to Order XLI Rule 35 CPC which provides where there are more Judges than one and there is difference of opinion among them it shall not be necessary for any Judge dissenting from the judgment of Court to sign the decree. It means that the judgment of minority need not be signed by such Judge. 20. To our mind this provision does not help anyone in preparation of decree hereat inasmuch as this provision is applicable for preparation of decree by Appellate Court. Here we have heard and decided original suits transferred from subordinate court. The High Court has decided suits in original jurisdiction and not as an Appellate Court. No other provision in CPC throws any light on this aspect of the matter. 21. Chapter XV of High Court Rules makes certain provision in respect to original and extraordinary original civil jurisdiction. Rule 22 says trial of suits removed by the Court from any Court subject to superintendence of High Court to be tried and determined by it in exercise of extraordinary original civil jurisdiction and provides that rules contain in Chapter XV shall apply to such suits also. 22. Here also nothing is said about the manner in which decree is to be prepared by this Court particularly when case has been heard by a larger Bench consisting of three Judges and decisions have been given separately by all the Judges constituting the Bench. It is an extraordinary situation. Normally a civil suit when instituted in original course is decided by Presiding Judge of the Court which is obviously a Single Judge. When a suit is transferred from subordinate Court to High Court, then also it is normally decided by a Single Judge. We have not come across of any other illustration where civil suits preferred before the civil judge in subordinate court have been transferred to this Court and tried, heard and decided by a Special Bench consisting of three Judges, more so when all the three Judges have delivered their separate decision. This is totally a novel situation. Learned counsels for the parties also could not assist this Court by placing any other illustration or precedent of a similar kind. 23. Whether minority order of a Bench should make part of decree or not, therefore, has to be considered in the light
1 All] Gopal Singh Visharad V. Jahoor Ahmad and others 391 of what a "decree" is It is defined in Section 2(2) CPC and reads as under: "2(2) "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, 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. 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 adjudication completely disposes of the suit. It may be partly preliminary and partly final;" 24. It talks of formal expression of an adjudication, which, so far as regards the Court expressing it, conclusively determines rights of parties with regard to all or any of the matters in controversy in the suit. 25. The term "decree" has been defined so as to contain "formal expression" of an adjudication. These words have not been used in Section 2(11) which defines judgement. Though in Section 2(16) the word "order" contains the phrase "formal expression" but it is the formal expression of any decision of civil court and not the formal expression of adjudication. The judgment contains statement given by Judge on the ground of a decree. The decree, therefore, need not contain a statement of reasons given by Judge. Then the question would arise as to what is the meaning of words, "adjudication", "formal" and "expression". 26. In "Legal Thesaurus-Deluxe Edition 1980" by William C. Burton at page 11 the term "adjudication" has been defined as under: "Adjudication-act of judgment, adjudgment, arbitrage, arbitrament, arbitration, authoritative decision, award, conclusion, decision, declaration, decree, deliberate determination, determination, determination of issues, disposition, edict, final determination, final judgment, finding, irrevocable decision, judgment, judgment on facts, judicial decision, opinion, order, order of the court, proclamation, pronouncement, reasoned judgment, res judicata, resolution, result, ruling, sentence, settled decision, verdict." 27. In P. Ramanatha Aiyer's "The Law Lexicon-The Encyclopaedic Law Dictionary with Legal Maxims, Latin Terms, Words and Phrases" 2nd Edition Reprint 2007 at page 11 the term "adjudication" has been defined as under: "Adjudication. The act of adjudicating; the process of trying and determining a case judicially. The application of the law to the facts and an authoritative declaration of the result." 28. In "Black's Law Dictionary" with pronunciations Fifth Edition at page 39 the term "adjudication" has been defined as under: "Adjudication. The formal giving or pronouncing a judgment or decree in a case; also the judgment given. The entry of
Page 1 and 2: 1 All] Siya Ram V. District Judge (
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Apr - High Court of Judicature at Allahabad

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