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Judgment
The suit has been decreed on 1st October, 2020.The decree as appears from the order dated 20th November, 2020 is a money decree for a
principal sum of Rs. 1,06,19,002/- with interest at the rate of 12% from 1st April, 2018. The defendant has preferred an appeal against the said
decree without the certified copy of the decree upon obtaining leave. It appears that the defendant hadapplied for certified copy of the decree on
19th October, 2020 without putting in the requisition for drawing up and completing the decree.
The plaintiff has put the decree into execution. The execution application has also been filed with the leave to have the decree drawn up,
completed and certified copy thereof being included in the application.
The defendant seeks leave for drawing up and completion of the decree as the time under the Original Side Rules of this Court for putting in the
requisition for drawing up and completion of the decree has expired.
Even if the highest case the plaintiff is taken that the plaintiff has applied for drawing up and completion of the decree, the decree appears to have
not yet been drawn up. The plaintiff further says that its execution petition will be stalled, if, further time is spent for drawing up the decree on the
defendant’s application for the same. The plaintiff also submits that the defendant has filed an appeal from the order dated 1st October, 2020
and not an appeal from the decree.
At this stage, only issue is whether the defendant should be granted leave to put in requisition for drawing up and completion of the decree. The
defendant had preferred an appeal and had also applied for the certified copy of the decree. It cannot, therefore, be said that the defendant had
any mala fide intent in failing to put in requisition for drawing up and completion of the decree. It may be due to inadvertence or lack of proper
understanding of the procedure by the advocate representing the defendant. The defendant should not be penalised for such act.
In the facts and circumstances of the case as aforesaid, I permit the defendant to put in requisition for drawing up and completion of the decree
dated 1st October, 2020 within 27th November, 2020.
It is made clear that in the event the requisition is not put in within the time framed permitted, the department of this Court shall not accept any
requisition for drawing up and completion of the decree from the defendant.
Since the suit is only appearing under the heading “To Be Mentioned†for this limited purpose, let the suit go out of the list.
However, the execution application filed by the plaintiff being EC 266 of 2020 appearing in the day’s list shall remain in the list.