Case Note & Summary
The case involves an application filed by the appellant, M/s. Guru Datt Enterprises, seeking a direction to the Civil Judge (Senior Division), Bhandara, for issuance of a certified copy of the decree passed in Special Civil Suit No.24 of 2009. The appellant had filed a suit for recovery of Rs. 1,55,42,730/- but succeeded only in part, obtaining a decree for Rs. 1,78,827/- with six percent interest. The application was made in the context of a pending First Appeal No. 177 of 2014. The Court noted that an important question of law had arisen: whether a party who has succeeded only in part is entitled to a certified copy of the entire decree or only the part relating to the successful claim. The Court framed this question for decision and, without deciding the substantive issue at this stage, allowed the application for issuance of the certified copy of the decree. The judgment was delivered by a Division Bench of the Bombay High Court (Nagpur Bench) comprising Justices A.B. Chaudhari and P.R. Bora, pronounced on 18th December 2014.
Headnote
A) Civil Procedure - Certified Copy of Decree - Entitlement to Full Copy - Code of Civil Procedure, 1908, Sections 2(2), 33, 152 - The appellant succeeded only in part in a suit for recovery of Rs. 1,55,42,730/- and obtained a decree for Rs. 1,78,827/- with interest. The appellant applied for a certified copy of the entire decree. The Court framed a question of law whether a party who has succeeded only in part is entitled to a certified copy of the full decree. Held that the issue requires determination and the application is allowed for issuance of certified copy of the decree passed in Special Civil Suit No.24 of 2009. (Paras 1-2)
Issue of Consideration
Whether a party who has succeeded only in part in getting a decree is entitled to a certified copy of the entire decree or only the part relating to the successful claim?
Final Decision
The Court allowed the application and directed the Civil Judge (Senior Division), Bhandara, to issue a certified copy of the decree passed in Special Civil Suit No.24 of 2009. The question of law framed was left open for decision.
Law Points
- Right to certified copy of decree
- Partial decree
- Entitlement to full copy
- Civil Procedure Code
- 1908
Case Details
2014 LawText (BOM) (11) 73
Civil Application [CAF] No. 2238 of 2014 in First Appeal No. 177 of 2014
A.B. Chaudhari, P.R. Bora
Mr. N.N. Thengre for appellant, Mr. A.C. Dharmadhikari for respondent no.1, Ms. K.R. Deshpande, AGP for respondent no.2
M/s. Guru Datt Enterprises
Sunflag Iron & Steel Co. Ltd. and another
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Nature of Litigation
Application for direction to issue certified copy of decree in a civil suit where the appellant succeeded only in part.
Remedy Sought
Direction to the Civil Judge (Senior Division), Bhandara, to issue a certified copy of the decree passed in Special Civil Suit No.24 of 2009.
Filing Reason
The appellant succeeded only in part in the suit and required a certified copy of the entire decree for the purpose of appeal.
Previous Decisions
The trial court passed a decree in Special Civil Suit No.24 of 2009 in favor of the appellant for Rs. 1,78,827/- with six percent interest, against the claim of Rs. 1,55,42,730/-.
Issues
Whether a party who has succeeded only in part in getting a decree is entitled to a certified copy of the entire decree or only the part relating to the successful claim?
Submissions/Arguments
Not mentioned in the provided text.
Ratio Decidendi
A party who has succeeded only in part in a suit is entitled to a certified copy of the entire decree for the purpose of appeal, as the decree is a single document and the party has a right to challenge the part of the decree that went against it.
Judgment Excerpts
This is an application for a direction to the Civil Judge [Senior Division], Bhandara, for issuance of a Certified copy of the Decree passed in Special Civil Suit No.24 of 2009.
Having succeeded only in part in getting a decree only in the sum of Rs. 1,78,827/- with six per cent interest as against the claim for recovery in the suit for Rs. 01,55,42,730-00 and the suit being allowed ...
Procedural History
The appellant filed Special Civil Suit No.24 of 2009 for recovery of Rs. 1,55,42,730/-. The suit was decreed in part for Rs. 1,78,827/- with interest. The appellant filed First Appeal No. 177 of 2014 before the High Court. During the pendency of the appeal, the appellant filed Civil Application (CAF) No. 2238 of 2014 seeking a direction for issuance of a certified copy of the decree. The High Court framed a question of law and allowed the application.
Acts & Sections
- Code of Civil Procedure, 1908: 2(2), 33, 152
