P.S. Narayana

Heard Sri. P.S. Rajasekhar, learned counsel representing Sri. Abhinand Kumar Shavali, learned counsel appearing for the appellant.

2. The Charminar Co-operative Urban Bank Limited, Hyderabad, represented by its Chief Recovery Officer-petitioner-appellant, filed the present application to dispense with the filing of the certified copy of the judgment and decree including typed copy of the decree rendered by the I Additional Chief Judge, City Civil Court, Secunderabad in O.S.No.11 of 2002, dated 10-11-2003, and pass such other suitable orders.

3. This application is filed under Section 151 of the Code of Civil Procedure (hereinafter in short referred to as the 'Code' for the purpose of convenience). In paragraph Nos.3 to 13 of the affidavit filed in support of the application, several reasons had been narrated and ultimately a request was made to dispense with the filing of the certified copy of the judgment and decree including the typed copy of the decree rendered by the I Additional Chief Judge, City Civil Court, Secunderabad in O.S.No.11 of 2002, dated 10-11-2003, referred to supra.

4. Yet another application in C.C.C.A.No. 350 of 2007 was filed under Section 5 of the Limitation Act, 1963 praying for condo nation of delay of 1189 days in filing the appeal as against the decree and judgment in O.S.No. 11 of 2002.

5. Learned counsel representing the appellant had explained the facts and circumstances in detail and would submit that in the light of the reasons which had been furnished in detail in the affidavit filed in support of the application this is a fit matter where discretion to be exercised by exercising inherent powers by ordering the dispense with as prayed for.

6. On a careful perusal of the reasons which had been explained, this Court is of the considered opinion that in the light of the facts and circumstances the relief prayed for cannot be granted.

7. Order XX Rule 1 of the Code dealing with judgment when pronounced, reads as hereunder: "Judgment when pronounced-1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose of which due notice shall be given to the parties or their pleaders:

Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty 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.

8. Order XX Rule 6-A of the Code deals with preparation of decree and the provision reads as hereunder:

Preparation of decree:-

1) 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.

2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose".

9. Order XX Rule 6-B of the Code dealing with copies of judgments when to be made available reads as hereunder:

“Copies of judgments when to be made available:- Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of su