| Holtby v. Hodgson, (1890) 24 Q.B.D. 103 |
Distinction between pronouncing judgment and entering/recording it; judgment takes effect from pronouncement rather than entry. |
Used to support the proposition that once a decree (analogous to a judgment) has been drawn up and signed, it takes effect from the date of the judgment pronounced in court. |
| Guardians of West Ham v. Churchwardens of Bethnal Green, (1895) 1 Q.B.D. 662 |
Drawing up of a judgment is a merely ministerial act. |
Analogised to drawing up a decree; supports view that delay in ministerial act should not prejudice parties and is neutralised by Order 20 rule 7. |
| Harish Kumar Bapalal v. Chhanalal Ranchhodlal and others, AIR 1966 Gujarat 281 |
Drawing up of a decree is a ministerial act (authority cited for this notion). |
Cited to support the ministerial nature of drawing up a decree and to justify application of the statutory fiction in Order 20 rule 7. |
| Sri Ramachandra Mardaray Deo v. Bhalu Patnaik and others, AIR 1950 Orissa 125 |
Order 20 rule 7 neutralises prejudice caused by delay in drawing up decree (actus curiae neminem gravabit). |
Relied on as precedent supporting the effect of Order 20 rule 7 in neutralising delay and making decree bear date of judgment. |
| East End Dwellings Co. Ltd. v. Finsbury Borough Council, (1951) 2 AER 587 |
Statutory fictions must be given full effect; their corollaries and inevitable consequences must be accepted. |
Quoted to justify giving full effect to the fiction created by Order 20 rule 7 and to accept its corollaries (i.e., consequences flowing from treating decree as of date of judgment). |
| Jotindra Mohan Tagore v. Bejoy Chand Mahatap, ILR 32 Calcutta 483 |
Held that a suit for partition remains pending until the court signs the final decree; a party can be added before suit termination. |
Court accepted the propositions but distinguished them as relevant only to the period before a decree is signed, not to the situation after a decree has been signed. |
| Probhat Kumar Mukherjee v. Santi Ranjan Banerjee, AIR 1957 Calcutta 375 |
Held title to property not acquired until partition decree is engrossed and signed. |
Distinguished: that case concerned a situation where no partition decree existed at the time of the ejectment decision; it is the converse of the present case and does not govern the consequences after a decree has been signed. |
| Board of Revenue, Madras v. Moideen Rowther and others, AIR 1956 Madras 207 |
Court has no power to draw up a partition decree on plain paper and then impound it. |
Held irrelevant to the present case; no similar question arose here. |
| Pandivi Satyanandam and others v. Paramkusam Nammayya and another, AIR 1938 Madras 307 |
Statement that "There is no provision of law which could validate this decree with retrospective effect" (with reference to a partition decree). |
Court held that statement was made per incuriam because Order 20 rule 7 was not considered in that judgment; therefore the quoted proposition was not followed. |
| Gopi Mal v. Vidya Wanti etc., AIR 1942 Lahore 260 (Full Bench) |
Discussed effect of unstamped decree and validity of proceedings before stamping; included passage suggesting that proceedings before proper stamp was supplied would be without jurisdiction even if stamp later supplied. |
The court criticised and declined to follow parts of that Full Bench decision which suggested that proceedings prior to stamping remain invalid; the court considered that payment of stamp duty validates the decree retrospectively and that it can also validate proceedings taken under the decree. |
| Ganesh Prasad v. Mt. Makhna and another, AIR 1948 Allahabad 375 |
Observation that supplying requisite stamp validates the decree and the execution proceedings taken thereunder. |
The court expressly agreed with this view and applied it to hold that supply of the proper stamp and drawing up of the decree validates the decree as from the date of the judgment and validates proceedings taken under it. |
| Venkataraya Goundan v. Mallappa Goundan and others, AIR 1946 Madras 348 |
Illustrates that for computing limitation periods the date of the decree is taken to be the same as that of the judgment (Order 20 rule 7 corollary). |
Cited as an example demonstrating corollaries of Order 20 rule 7; corroborative of the court's conclusion. |
| Suratsing Chandanmal Oswal v. Gulabchand Lachmandas Pardesi, AIR 1963 Bombay 263 |
Example of taking decree date to be same as judgment for limitation purposes (corollary to Order 20 rule 7). |
Used as corroborative authority for the consequences arising from Order 20 rule 7. |
| Chandra Nath Ghosh and others v. Rajani Kanta Ghosh and another, AIR 1960 Calcutta 85 |
If forum of appeal changes between judgment date and date decree is signed, the law existing on date of judgment determines forum of appeal (decree bears date of judgment). |
Illustrative authority for the proposition that the decree bears the date of judgment and associated legal consequences follow from that fiction. |
| Jagdeo Sao and others v. Basudeo Narain Singh and others, AIR 1954 Patna 92 |
Right to apply for execution commences from the date of the judgment even if decree not prepared. |
Cited to support the legal conception that the decree operates from the date of judgment for certain rights and remedies. |
| Siri Ram and others v. Jagan Nath and others, AIR 1957 Punjab 65 |
Same proposition: execution-related rights may commence from the date of judgment. |
Used as further example supporting the view that a decree is to be treated as effective from the judgment date. |
| Hardit Singh Obra … v. Daljit Singh …, 1975 PLR (Delhi) 213 |
Conception that a decree exists in legal conception as soon as judgment is pronounced. |
Cited as authority consistent with the theory that a decree follows judgment and is to be treated as of that date. |
| Rajeshwar Rai and others v. Shankar Rai and others, AIR 1962 Patna 398 |
Authority supporting that in legal conception the decree is passed and exists as soon as judgment is pronounced. |
Used to bolster the conclusion that a drawn and signed decree is to be treated as effective from the date of judgment. |
| Bai Vasanti Wd/o. Patel Ishvarlal, Chimanlal v. Suryaprasad Ishvarlal Patel, AIR 1969 Gujarat 152 |
Authority cited for the proposition that the decree exists in legal conception once judgment is pronounced. |
Cited as corroborative support for treating the decree as of the judgment date. |
| Giribala Dasi v. Biswambhal Haldar, AIR 1924 Calcutta 1064 |
Satisfaction of a decree may be recorded even before it is formally drawn up and signed. |
Used to support the practical consequences that follow from treating a decree as effective from judgment date. |