DEUTSCHE RANCO GMBH Vs. MOHAN MURTI

JUDGEMENT

(1.) EA. 70/94. This is an application filed by of the D.H. under Order XX Rule 6A of the Code of Civil Procedure ('the Code') for exemption from filing the copy of the decree. Let the application be registered.

(2.) Mr Bhatia, the learned Senior Counsel of the D.H. submitted that the decree sheet had not yet been prepared and he, therefore, referred to the last para of the judgment dated 15.10.93 in terms of which the suit was decreed in favour of the D.H. and against the J. D. He contended that the last para of the judgment be deemed to be a decree for the purposes of the execution in terms of Order XX Rule 6A (2)(b) of the Code.

(3.) Mr. Lekhi the learned counsel of the J.D. however, submitted that the D.H. had failed to satisfy the Court that every endevour was made to ensure that the decree was drawn up as expeditiously as possible in terms of Order 20 Rule 6A (2) of the Code and as such the D.H. could not be given the benefit of sub-clause (b) of the said Rule.