Description

Appendix D of the Civil Procedure Code (CPC) deals with the forms of decrees used in civil cases. A decree is the formal judgment or order issued by a court after it has decided on the issues in a case. It is the final order that resolves the dispute between the parties and can result in the granting of the relief sought by the winning party.

Appendix D provides the standard forms that should be followed when drafting a decree, ensuring that the judgment is properly recorded and that the relief granted is clear and enforceable. These forms are necessary for consistency and to ensure that the decrees are in accordance with the rules and procedures prescribed by the CPC.

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Purpose of Appendix D:

The primary purpose of Appendix D is to ensure that the decree is issued in a standardized and consistent manner. This is essential because a decree serves as the final judgment in a case, and it must be clear and precise regarding the reliefs granted, the parties involved, and the court's order.

These forms are designed to ensure that the decree:

1. Accurately reflects the decision made by the court.
2. Clearly defines the relief granted to the victorious party.
3. Provides clarity regarding the execution of the decree and the enforcement of the judgment.

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Key Forms in Appendix D:

Appendix D provides specific forms for different types of decrees that a court may issue. These include decrees for various types of cases such as money suits, possession of property, or injunctions.

1. Form 1 - Decree in a Money Suit:

• Form 1 is used when the court delivers a decree in a suit for the recovery of money. This form specifies the amount to be paid and includes details like the date the amount is due and the party liable to pay.
• The decree may also include orders for interest on the sum and the costs of the lawsuit.

Example: "A decree is passed in favor of the plaintiff for the sum of Rs. [amount], with interest at the rate of [rate] per annum from [date] until realization, together with the costs of the suit."

2. Form 2 - Decree for Possession of Immovable Property:

• Form 2 is used when the court issues a decree for the recovery of possession of immovable property.
• The form specifies the property to be recovered, the party who must give possession, and any related orders for the payment of mesne profits (profits earned by the property during the period of unlawful possession).

Example: "Decree is passed in favor of the plaintiff for the possession of [property description] and the defendant is directed to vacate the premises within [time]. The defendant is further directed to pay mesne profits at the rate of Rs. [amount] per month from [date] till possession is delivered."

3. Form 3 - Decree for Injunction:

• Form 3 is used for cases in which the court grants an injunction—a legal order that prevents the defendant from doing certain actions or compels them to do something.
• This decree specifies the injunction issued, such as preventing the defendant from continuing an act or compelling the defendant to perform an act within a specified time.

Example: "Decree is passed in favor of the plaintiff, directing the defendant to refrain from [action], and not to interfere with the plaintiff's use of [property] or [business], pending further orders of the court."

4. Form 4 - Decree for Specific Performance of Contract:

• Form 4 is used when the court grants a decree for the specific performance of a contract. This means that the defendant is ordered to perform their part of the contract.
• The form includes details such as the terms of the contract to be performed and the time frame within which the performance should occur.

Example: "Decree is passed in favor of the plaintiff directing the defendant to perform the contract for the sale of [property] as per the terms specified in the agreement dated [date] within [time frame]."

5. Form 5 - Decree for Delivery of Goods:

• Form 5 is used for cases where the plaintiff seeks the delivery of goods under a contract or other agreement.
• This decree will specify the goods to be delivered and any related costs or conditions, including compensation for loss of use if applicable.

Example: "Decree is passed in favor of the plaintiff, directing the defendant to deliver the goods [description of goods] within [time frame], failing which, the defendant shall pay the plaintiff the value of the goods along with interest at the rate of [rate]."

6. Form 6 - Decree for Compensation (Damages):

• Form 6 is used when the court grants a decree for the payment of damages to compensate the plaintiff for loss or harm suffered due to the defendant’s actions.
• The decree specifies the amount of compensation or damages awarded to the plaintiff, along with the interest on the amount from the date of judgment.

Example: "Decree is passed in favor of the plaintiff for the sum of Rs. [amount] as compensation for [cause of harm], along with interest at the rate of [rate] per annum from [date]."

7. Form 7 - Decree for Dismissal of the Suit:

• Form 7 is used when the court dismisses the suit filed by the plaintiff. It specifies the reason for the dismissal and may include orders regarding the costs to be paid by the party whose suit was dismissed.

Example: "The suit is dismissed, and the plaintiff is directed to pay the costs of the suit to the defendant."

8. Form 8 - Decree for Costs:

• Form 8 specifies the amount of costs awarded to one party in a suit, typically the winning party.
• It may include court fees, attorney fees, and any other expenses incurred during the litigation.

Example: "Decree is passed awarding costs of Rs. [amount] to the defendant for the suit, to be paid by the plaintiff."

Punishment

1. Attachment of Property:

   • If the defendant fails to comply with a decree (such as a monetary decree or decree for possession), the court may issue an attachment of property.

2. Contempt of Court:

   • If the party refuses or fails to obey the decree, the court may hold the party in contempt of court, which can result in penalties or even imprisonment.

3. Execution Proceedings:

   • If a party does not comply with the decree voluntarily, the winning party may initiate execution proceedings to enforce the decree, such as seizure of property or sale of goods.