In the First Schedule, in Order XX,-
(i)rule 1 shall be re-numbered as sub-rule (1) of that rule, and,-
(a)to sub-rule (1) as so re-numbered, the following provisos shall be added, namely:-
"Provided that where the judgment is ......pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders:
Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case was concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.";
(b)after sub-rule (1) as so re-numbered, the following sub-rules shall be inserted, namely:-
"(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the perusal of the parties or the pleaders immediately after the judgment is pronounced.
(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the judge is specially empowered by the High Court in this behalf:
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.";
(ii)in rule 2, for the words "A Judge may", the words "A Judge shall" shall be substituted;
(iii)after rule 5, the following rule shall be inserted, namely:-
"5A.Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.- Except where both the parties are represented by pleaders, the Court shall, when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record the information so given to the parties.";
(iv)in rule 6, in sub-rule (1), for the words "names and descriptions of the parties", the words "names and descriptions of the parties, their registered addresses," shall be substituted;
(v)after rule 6, the following rules shall be inserted, namely:-
"6A.Last paragraph of judgment to indicate in precise terms the reliefs granted.- (1) The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment.
(2) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible, and, in any case, within fifteen days from the date on which the judgment is pronounced; but where the decree is not drawn up within the time aforesaid, the Court shall if requested so to do by a party desirous of appealing against the decree, certify that the decree has not been drawn up and indicate in the certificate the reasons for the delay, and thereupon-
(a) an appeal may be preferred against the decree without filing a copy of the decree and in such a case the last paragraph of the judgment shall, for the purposes of rule 1 of Order XLI, be treated as the decree; and
(b) so long as the decree is not drawn up, the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution and the party interested shall be entitled to apply for a copy of that paragraph only without being required to apply for a copy of the whole of the judgment; but as soon as a decree is drawn up, the last paragraph of the judgment shall cease to have the effect of a decree for the purpose of execution or for any other purpose:
Provided that, where an application is made for obtaining a copy of only the last paragraph of the judgment, such copy shall indicate the name and address of all the parties to the suit.
6B .Copies of typewritten judgments when to be made available
Where the judgment is type-written, copies of the type-written judgment shall, where it is practicable so to do, be made available to the parties immediately after the pronouncement of the judgment on payment, by the party applying for such copy, of such charges as may be specified in the rules made by the High Court.";
(vi)in rule 11, in sub-rule (1), for the words "at the time of passing the decree order that", the words "incorporate in the decree, after hearing such of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order that" shall be substituted.
(vii)in rule 12, in sub-rule (1), for clause (b), the following clauses shall be substituted, namely:-
"(b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent;
(ba) for the mesne profits or directing an inquiry as to such mesne profits;";
(viii) after rule 12, the following rule shall be inserted, namely:-
"12A.Decree for specific performance of contract for the sale or lease of immovable property.- Where a decree for the specific performance of a contract for the sale or lease of immovable property orders that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made."'
(ix) in rule 19, in sub-rules (1) and (2), after the word "set-off", wherever it occurs, the words "or counter-claim" shall be inserted.
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