Hon’ble B. Amit Sthalekar, J.—Heard Sri Manish Goyal, learned counsel for the appellant and Sri M.A. Qadeer, learned Senior Counsel assisted by Sri Shamim Ahmed for the respondent Nos. 1/1, ½, 1/3, ¼/1, ¼/2, ¼/3, and ¼/4

2. This is the defendant’s second appeal.

3. The memo of appeal states that the second appeal is against the judgment and decree dated 6.4.2017 passed by the Court below in civil appeal No. 2 of 1995 arising out of original suit No. 10 of 1983.

4. A preliminary objection has been raised by Shri M.A. Qadeer, learned senior counsel that the appeal is not maintainable as it has been preferred against the judgment and not the decree inasmuch as the date mentioned as 6.4.2017 is the date of the judgment and not the date of the decree. Shri Qadeer submits that “decree” has been defined in Section 2(2) of the Code of Civil Procedure, 1908 (C.P.C.) to mean formal expression of adjudication which so far as regards the Courts expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of the plaint and determination of any question within Section 144 but shall not include any adjudication from which an appeal lies as an appeal from an order or any order of dismissal for default. He further submitted that sub-section (9) of Section 2 C.P.C. defines the judgment to mean the statement given by the Judge on the grounds of a decree or order. Shri Qadeer has also referred to the provisions of Order XX Rule 6A C.P.C. - “Preparation of Decree” which provides that every endeavor 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. He also referred to sub-section (2) of Section 6A of Order XX C.P.C. which provides that 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. Shri Qadeer has therefore tried to draw a distinction between the term “judgment” and “decree” and submitted that where a decree is not ready an appeal may be filed against the judgement but as soon as the decree is prepared and made available to the party, the judgement will cease to have effect and it will not be said to be an appeal against the judgment but an appeal against the decree. He also submitted that Section 100 C.P.C provides for filing of a second appeal against the decree. The Section 100 C.P.C. does not mention that an appeal in the High Court shall lie against the judgment.

5. Learned counsel for the respondents has also referred to the provisions of Order XX Rule 7 C.P.C. which relates to the “date of decree” and lays down that the appeal shall bear the date on which the judgment was pronounced and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment he shall sign the decree. Shri Qadeer therefore submitted that the date of the decree is relevant and not the date of the judgment and the date of the judgment cannot be said to be the date of decree.

6. Rule 6, 6A and 7 of Order XX C.P.C. read as under:

“6. Contents of decree.—(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, their registered addresses, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.

(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid.

(3) The Court may direct that the costs payable to one party by