42. Judgments and Orders.
order 42
Judgments and Orders
1. Judgment to be pronounced in open Court. (O. 42 r. 1)
Every judgment after trial must be pronounced in open Court, either immediately on the conclusion of the trial, or on a subsequent day of which due notice must be given to the parties.
2. Written judgment to be filed (O. 42 r. 2)
Whenever the Court delivers a written judgment, the original or a copy thereof, signed by the Judge must be filed.
3. Judgment of absent Judge. (O. 42 r. 3)
When a Judge who has tried any proceedings is unable through death, illness or other cause to pronounce judgment, the judgment written by him may be read by any other Judge or by the Registrar.
4. Entry of judgment in Cause Book. (O. 42 r. 4)
The proper officer in the Registry must enter in the cause book a minute of every judgment or final order given or made by the Court.
5. Form of judgment, etc. (O. 42 r. 5)
(1) If, in the case of any judgment, a form thereof is prescribed in Form 79 the judgment must be in that form.
(2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which the writ or other originating process by which the cause or matter in question was begun was served.
(3) An order must be marked with the name of the Judge or the Registrar by whom it was made and must be sealed.
6. Judgment, etc. requiring act to be done: Time for doing it. (O. 42 r. 6)
(1) Subject to paragraph (2), a judgment or order which requires a person to do an act must specify the time after service of the judgment or order, or some other time, within which the act is to be done.
(2) Where the act which any person is required by any judgment or order to do is to pay money to some other person, give possession of any immovable property or deliver any movable property, a time within which the act is to be done need not be specified in the judgment or order by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.
7. Date from which judgment or order takes effect. (O. 42 r. 7)
(1) A judgment or order of the Court takes effect from the day of its date.
(2) Such a judgment or order shall be dated as of the day on which it is pronounced, given or made, unless the Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that other day.
8. Preparation of judgment or order. (O. 42 r. 8)
(1) Where the party in whose favour a judgment or order is given or made is represented by a solicitor, a copy of the draft shall be submitted for approval to the solicitor (if any) of the other party who shall within 2 days of the receipt thereof, or within such further time as may in any case be allowed by the Registrar, return such copy with his signed consent or any required amendments thereto.
(2) When the solicitor omits to return the copy of the draft within the time prescribed, he shall be deemed to have consented to the terms thereof.
(3) In any case where the solicitors concerned are unable to agree upon the draft, any one of them may obtain an appointment before the Registrar, of which notice shall be given to the other, to settle the terms of the judgment or order.
(4) Every judgment or order shall be settled by the Registrar, but in the case of a judgment or order made by a Judge, any party may require the matter in dispute to be referred to the Judge for his determination.
(5) Where the other party has no solicitor, the draft shall be submitted to the Registrar.
9. Orders required to be drawn up. (O. 42 r. 9)
(1) Subject to paragraph (2), every order of the Court shall be drawn up unless the Court otherwise directs.
(2) An order–
(a) which–
(i) extends the period within which a person is required or authorised by these rules, or by any judgment, order or direction, to do any act; or
(ii) grants leave for the doing of any of the acts mentioned in paragraph (3); and
(b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,
need not be drawn up unless the Court otherwise directs.
(3) The acts referred to in paragraph (2)(a)(ii) are–
(a) the issue of any writ, other than a writ of summons notice of which is required for service out of the jurisdiction;
(b) the amendment of a writ of summons or other originating process or a pleading;
(c) the filing of any document;
(d) any act to be done by an officer of the Court other than a solicitor.
10. Drawing up and entry of judgments and orders. (O. 42 r. 10)
(1) Where a judgment given in a cause a matter is presented for entry in accordance with this rule at the Registry, it shall be entered by an officer of the Registry in the book kept for the purpose.
(2) The party seeking to have such a judgment entered must draw up the judgment and present it to the proper officer of the Registry for entry.
(3) On entering any such judgment the proper officer shall file the judgment and return a duplicate thereof to the party who presented it for entry.
(4) Every order required to be drawn up must be drawn up by the party in whose favour the order has been made and if that party fails to draw up the order within 7 days after it is made any other party affected by the order may draw it up.
(5) The order referred to in paragraph (4) must, when drawn up, be produced at the Registry, together with a copy thereof, and when passed by the proper officer the order, sealed with the seal of the High Court, shall be returned to the party producing it and the copy shall be lodged in the Registry.
11. Duplicates of judgments and orders. (O. 42 r. 11)
(1) Not less than one clear day after a judgment or order has been filed a duplicate thereof shall be supplied on payment of the prescribed fee out of the Registry to any party in the proceedings.
(2) The duplicate of a judgment or order may be a carbon copy of the original except that if the Registrar so directs, the duplicate of every judgment or order of such class as he directs, shall be a photographic copy or a copy produced by type lithography or other similar process.
(3) Before a duplicate of a judgment or order is issued it must be sealed and there must be noted thereon the number of the judgment, the date of entry and the amount of any stamp on the original.
(4) Where by any of these rules or any order of the Court the original judgment or order is required to be produced or served it shall be sufficient to produce or serve the duplicate.
(5) A further duplicate of a judgment or order may, on payment of the prescribed fee, be issued if the Registrar is satisfied that the duplicate has been lost and that the applicant for a further duplicate is entitled to it.
(6) A judgment or order shall not be amended except on production of the duplicate thereof last issued, and if the judgment or order is amended the duplicate so issued, shall be similarly amended, and the amendment sealed, under the direction of the Registrar.
12. Interest on judgment debts. (O. 42 r. 12) [Sub. P.U. (A) 445/86]
Every judgment debt shall carry interest at the rate of 8 per centum per annum or at such other rate not exceeding the rate aforesaid as the Court directs (unless the rate has been otherwise agreed upon between the parties), such interest to be calculated from the date of judgment until the judgment is satisfied.
13. Setting aside or varying judgments and orders. (O. 42 r. 13) [Ins P.U. (A) 192/93]
Where in these Rules provisions are made for the setting aside or varying of any order or judgment, a party intending to set aside or to vary such order or judgment must make his application to the Court and serve it on the party who has obtained the order or judgment within thirty days after the receipt of the order or judgment by him.
order 42
Judgments and Orders
1. Judgment to be pronounced in open Court. (O. 42 r. 1)
Every judgment after trial must be pronounced in open Court, either immediately on the conclusion of the trial, or on a subsequent day of which due notice must be given to the parties.
2. Written judgment to be filed (O. 42 r. 2)
Whenever the Court delivers a written judgment, the original or a copy thereof, signed by the Judge must be filed.
3. Judgment of absent Judge. (O. 42 r. 3)
When a Judge who has tried any proceedings is unable through death, illness or other cause to pronounce judgment, the judgment written by him may be read by any other Judge or by the Registrar.
4. Entry of judgment in Cause Book. (O. 42 r. 4)
The proper officer in the Registry must enter in the cause book a minute of every judgment or final order given or made by the Court.
5. Form of judgment, etc. (O. 42 r. 5)
(1) If, in the case of any judgment, a form thereof is prescribed in Form 79 the judgment must be in that form.
(2) The party entering any judgment shall be entitled to have recited therein a statement of the manner in which the writ or other originating process by which the cause or matter in question was begun was served.
(3) An order must be marked with the name of the Judge or the Registrar by whom it was made and must be sealed.
6. Judgment, etc. requiring act to be done: Time for doing it. (O. 42 r. 6)
(1) Subject to paragraph (2), a judgment or order which requires a person to do an act must specify the time after service of the judgment or order, or some other time, within which the act is to be done.
(2) Where the act which any person is required by any judgment or order to do is to pay money to some other person, give possession of any immovable property or deliver any movable property, a time within which the act is to be done need not be specified in the judgment or order by virtue of paragraph (1), but the foregoing provision shall not affect the power of the Court to specify such a time and to adjudge or order accordingly.
7. Date from which judgment or order takes effect. (O. 42 r. 7)
(1) A judgment or order of the Court takes effect from the day of its date.
(2) Such a judgment or order shall be dated as of the day on which it is pronounced, given or made, unless the Court orders it to be dated as of some other earlier or later day, in which case it shall be dated as of that other day.
8. Preparation of judgment or order. (O. 42 r. 8)
(1) Where the party in whose favour a judgment or order is given or made is represented by a solicitor, a copy of the draft shall be submitted for approval to the solicitor (if any) of the other party who shall within 2 days of the receipt thereof, or within such further time as may in any case be allowed by the Registrar, return such copy with his signed consent or any required amendments thereto.
(2) When the solicitor omits to return the copy of the draft within the time prescribed, he shall be deemed to have consented to the terms thereof.
(3) In any case where the solicitors concerned are unable to agree upon the draft, any one of them may obtain an appointment before the Registrar, of which notice shall be given to the other, to settle the terms of the judgment or order.
(4) Every judgment or order shall be settled by the Registrar, but in the case of a judgment or order made by a Judge, any party may require the matter in dispute to be referred to the Judge for his determination.
(5) Where the other party has no solicitor, the draft shall be submitted to the Registrar.
9. Orders required to be drawn up. (O. 42 r. 9)
(1) Subject to paragraph (2), every order of the Court shall be drawn up unless the Court otherwise directs.
(2) An order–
(a) which–
(i) extends the period within which a person is required or authorised by these rules, or by any judgment, order or direction, to do any act; or
(ii) grants leave for the doing of any of the acts mentioned in paragraph (3); and
(b) which neither imposes any special terms nor includes any special directions other than a direction as to costs,
need not be drawn up unless the Court otherwise directs.
(3) The acts referred to in paragraph (2)(a)(ii) are–
(a) the issue of any writ, other than a writ of summons notice of which is required for service out of the jurisdiction;
(b) the amendment of a writ of summons or other originating process or a pleading;
(c) the filing of any document;
(d) any act to be done by an officer of the Court other than a solicitor.
10. Drawing up and entry of judgments and orders. (O. 42 r. 10)
(1) Where a judgment given in a cause a matter is presented for entry in accordance with this rule at the Registry, it shall be entered by an officer of the Registry in the book kept for the purpose.
(2) The party seeking to have such a judgment entered must draw up the judgment and present it to the proper officer of the Registry for entry.
(3) On entering any such judgment the proper officer shall file the judgment and return a duplicate thereof to the party who presented it for entry.
(4) Every order required to be drawn up must be drawn up by the party in whose favour the order has been made and if that party fails to draw up the order within 7 days after it is made any other party affected by the order may draw it up.
(5) The order referred to in paragraph (4) must, when drawn up, be produced at the Registry, together with a copy thereof, and when passed by the proper officer the order, sealed with the seal of the High Court, shall be returned to the party producing it and the copy shall be lodged in the Registry.
11. Duplicates of judgments and orders. (O. 42 r. 11)
(1) Not less than one clear day after a judgment or order has been filed a duplicate thereof shall be supplied on payment of the prescribed fee out of the Registry to any party in the proceedings.
(2) The duplicate of a judgment or order may be a carbon copy of the original except that if the Registrar so directs, the duplicate of every judgment or order of such class as he directs, shall be a photographic copy or a copy produced by type lithography or other similar process.
(3) Before a duplicate of a judgment or order is issued it must be sealed and there must be noted thereon the number of the judgment, the date of entry and the amount of any stamp on the original.
(4) Where by any of these rules or any order of the Court the original judgment or order is required to be produced or served it shall be sufficient to produce or serve the duplicate.
(5) A further duplicate of a judgment or order may, on payment of the prescribed fee, be issued if the Registrar is satisfied that the duplicate has been lost and that the applicant for a further duplicate is entitled to it.
(6) A judgment or order shall not be amended except on production of the duplicate thereof last issued, and if the judgment or order is amended the duplicate so issued, shall be similarly amended, and the amendment sealed, under the direction of the Registrar.
12. Interest on judgment debts. (O. 42 r. 12) [Sub. P.U. (A) 445/86]
Every judgment debt shall carry interest at the rate of 8 per centum per annum or at such other rate not exceeding the rate aforesaid as the Court directs (unless the rate has been otherwise agreed upon between the parties), such interest to be calculated from the date of judgment until the judgment is satisfied.
13. Setting aside or varying judgments and orders. (O. 42 r. 13) [Ins P.U. (A) 192/93]
Where in these Rules provisions are made for the setting aside or varying of any order or judgment, a party intending to set aside or to vary such order or judgment must make his application to the Court and serve it on the party who has obtained the order or judgment within thirty days after the receipt of the order or judgment by him.
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