...terms of Section 33 of CPC, the Judge, who heard the case is required to pronounce the orders and as per Order XX Rule 2 of CPC, the successor Judge can pronoun...contended, since the Judge, who prepared the orders retired from service on attaining superannuation. Here, it apt and appropriate to extract and appropriate to extract Section 33 of CPC and...Order XX Rules 1 and 2 of CPC, which reads as follows:“Section 33. Judgment and decree: The Court, after the case has been heard, shall pronounce judgment, and on such...

...Section 33 read with Sections 151, 152 and 153 of the Code of Civil Procedure, 1908 (for short 'CPC') was allowed and decree-sheet was ordered to be prepared. 2...the same under Section 33 read with Sections 151 to 153 of the CPC. 5. I have learned counsel for the petitioner and have perused the record with his...33 of cpc specifically provides that the Court after the case has been heard shall pronounce the judgment and on such judgment a decree shall follow. The term “judgment and decree” are defined under...

...Court in Appeal No. 111 of 1985 be and is hereby set aside and this Appeal allowed’.Section 33 of CPC deals with judgment and decree in Suit which reads as follows...SC the Apex Court has held as follows:“14. The aforesaid mistake was of clerical nature which could have been corrected by applying the provisions of Section 152 of the CPC...under Section 152 of the CPC. In K. Rajamouli v. A.V.K.N Swamy, 2001 (5) SCC 37 this Court held as follows:“Section 152...

...annum which is clearly stated in the decree sheet prepared under section 33 of cpc. Learned counsel appearing for the respondent has submitted that the decretal amount taken by the respondent in the.... The matter was assigned to the CM(M)18/2015 Page 3 of 6 Court of concerned Additional District Judge. 5. The petitioner moved an application under Section 151 CPC.... The petitioner thereafter moved the District Judge by an application under Section 151 CPC for clarification or modification/recall of its order. The District Judge vide order dated 16.7.2014 noted...

...section 33 of cpc. Learned counsel appearing for the respondent has submitted that the decretal amount taken by the respondent in the order of the High Court dated 27.8.2008 would only mean the.... 4,31,093/- before the District Judge. The matter was assigned to the Court of concerned Additional District Judge.7. The petitioner moved an application under Section 151 CPC wherein it was...thereafter moved the District Judge by an application under Section 151 CPC for clarification or modification/recall of its order. The District Judge vide order dated 16.7.2014 noted that whether the...

...passed by the Lok Adalat amounts to an award and it is a deemed decree and it has to be executed in a Civil Court under Section 33 of CPC. On that point, he placed reliance on the decision of the Honble...FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to.... 3. The petitioner was an accused in CC No.153/2014 pending on the file of the learned Additional Civil Judge and JMFC, Hosapete, facing trial for the offence under Section 138 of the Negotiable...

.... Defendant/appellant Ram Nath had moved an application under Section 33 of CPC (wrongly mentioned) to file the appeal as a CR-6028-2017 -3- pauper contending therein that he was not having means to pay the...coming to present case in hand, as per order 32 Rule 2 CPC, the appellant while moving an application as an indigent person must contain the detail of the...08.08.2017, passed by Addl. District Judge, Kaithal, vide which, an application under Order 44 Rule 1 CPC filed for permission to institute an appeal as an indigent person...

.... It is common ground that the lower appellate Court failed to prepare a decree sheet as required by Section 33 of the CPC. The provisions of S. 33 are mandatory. After ...Ram Labhaya, J.:— This appeal is directed against an order of Shri D.N Hazarika, B.L, Additional District Judge, Upper Assam Districts, Silchar by which defendants' appeal was dismissed as...is not accompanied by a certified copy of the decree. (2) That the appeal has abated as one of the respondents died and her legal representatives have not been brought on the record.4...

...ensure that Section 33 of CPC read with Rule 142, and Rules 66 and 101 of the A.P. Civil Rules of Practice and Circular Orders are scrupulously followed by issuing...( (2011) 8 SCC 249 supra) appear to be followed more in breach.20. As regards the time frame for delivery of judgments, Section ...) For damages at the rate of Rs. 6,000/- per month from January 2011 to September 2011 Rs. 6,000 × 9 months Court fee is paid under section 20 Art 1(b) & (c) of Sch...

... 12 either incomplete or ambiguous. 16. Section 33 of CPC requires the court to pronounce j...cannot be executed. 5. Order 20 Rule 6 of CPC deals with the contents of the decree. The said Rule, among other things, states that the decree shall specify clearly the...." 8. Rule 32 of Order 21 of CPC provides for the execution of a decree for specific performance of a contract, restitution of conjugal rights or injunction. Sub Rul...

...when the plaint is rejected under Order VII Rule 11 of Civil Procedure Code (hereinafter referred to as „CPC"). The impugned judgment thus disregards the mandate of Section 26 and 27 of CPC and he...of Section 26 of CPC and issued the summons to the respondents. By not doing so and dismissing the suit at the initial stage, he has acted in violation of the provisions of CPC and, there...findings need to be set aside on this ground alone. Section 26 of CPC reads as under:- 26. Institution of suits.- (1) Every suit shall be instituted...

...section 33 of the cpc to contend that after hearing, it is the obligation of the Court to pronounce the judgment. He contends that Section 33 of the ...SICA. We are unable to accept the aforesaid argument. section 33 of the cpc is in existence since much prior to the promulgation of SICA and the non-obstante clause in ...22 will cover Section 33 of the CPC also. If the contention of the counsel for the appellant were to be accepted, then even an appellate/revision/writ court would not be entitled to stay...

.... 16. The High Court on administrative side may ensure that Section 33 of CPC read with Rule 142, and Rules 66 and 101 of the A.P. Civil Rules of Prac...Rameshwari Devi (1 supra) appear to be followed more in breach. 14. As regards the time frame for delivery of judgments, Section 33 of the Code of Civil... 2) For damages at the rate of Rs.6,000/- per month from January 2011 to September 2011 Rs.6,000 x 9 months : Rs.54,000-00 Court fee is paid under section 20 Art 1 (b) & (c) of...

...-debtor be not encouraged to initiate another round of litigation under Section 47 CPC.33. The decision of this Court in...out by the respondent in his objections under Section 47 CPC that possession of the disputed premises was handed over to the appellant's attorney in pursuance of the compromise decree and that the...appellant's attorney and the decree for eviction stood satisfied.7. The learned counsel for the respondent, on the contrary, contended that in view of Section 47 CPC...

...deciding the share of plaintiff Nos.2 and 3 appears to be inadvertent and bonafide mistake. 14. Section 33 of CPC provides that after hearing the case, the Court shall...pronounce judgment, and on such judgment a decree shall follow. 15. Section 152 of CPC provides that clerical or arithmetical mistakes in judgments, decrees or orders or...), the learned Single Judge of this Court held that under Section 33 it is imperative that a decree must follow the judgment. Therefore, by statement of reason, once judge conclusively determines...

...deciding the share of plaintiff Nos.2 and 3 appears to be inadvertent and bonafide mistake. 14. Section 33 of CPC provides that after hearing the case, the Court shall...pronounce judgment, and on such judgment a decree shall follow. 15. Section 152 of CPC provides that clerical or arithmetical mistakes in judgments, decrees or orders or...), the learned Single Judge of this Court held that under Section 33 it is imperative that a decree must follow the judgment. Therefore, by statement of reason, once judge conclusively determines...

...appoint Mr Maruthai Pillai, Mrs Sarojini Varadappan and Mr R. Somasundaram as additional trustees. On 3-1-1994 Respondents 1 to 4 filed Application No. 33 of 1994 for leave to file a suit under Section 92 CPC for.... Somasundaram as parties to Application No. 33 of 1994. A number of incidental applications Nos. 214, 215, 1901 and 153 of 1994 were filed for various reasons like appointment of receiver, impleadment ...for dismissal of Application No. 33 of 1994 filed under Section 92 CPC was dismissed by a learned Single Judge and several orders were made in other applications. While OSA No. 62 of 1996 was file...

...Exhibit-49. This finding was confirmed in a revision by this Court and Special Leave Petition (SLP) preferred by the tenant, was dismissed. Therefore, in terms of Section 33 of CPC, decree ought to have...accordance with Rent note. Yet the decree was not drawn in accordance, with finding, which was otherwise imperative in terms of Section 33 of C.P.C. Thus, in the circumstances, the petitioner has correctly applied ...out for invocation of powers under Section 115 of CPC. The Civil Revision Application falls and same is dismissed.” 8. In January, 2016, Petitioners-Landlords filed...

... LINGASUGUR AND CONSEQUENTLY ALLOW THE APPLICATION I.A NO. VI FILED UNDER SECTION 33 OF THE KARNATAKA STAMP ACT, READ WITH SECTION 151 OF ...Lingasugar and - 3 - consequently allow the application I.A.No.VI filed under the Section 33 of the Karnataka Stamp Act, rea.... 202550 OF 2024 (GM-CPC) BETWEEN: SIDDANNA S/O DURGAPPA, AGE ABOUT 34 YEARS, OCC: AGRICULTURE...

...adjudication is whether, according to the true delineated scope of Section 100 of the Code of Civil Procedure, the High Court was justified in interfering with the concurrent findings of fact.....3. Indiscriminate and frequent interference under Section 100 CPC in cases which are totally devoid of any substantial question of law is not only against the legislative intention.... Despite declaration of law in numerous judgments, it is evident that the scope and ambit of Section 100 CPC has not been properly appreciated and applied in a large number of cases. We are, once again...