ORDER XLI JUDGMENT IN APPEAL - RULE 30, 31, 32, 33, 34 OF CODE OF CIVIL PROCEDURE 1908

Judgment when and where pronounced? What are Contents, date and signature of Judgment? What Judgment may direct? What is the Power of Court of Appeal? Is dissent to be recorded? Rule 30, 31, 32, 33 and 34 of Order XLI of Code of Civil Procedure 1908

Judgment when and where pronounced, Contents, date and signature of Judgment, What Judgment may direct, Power of Court of Appeal and dissent to be recorded are defined under Rule 30, 31, 32, 33 and 34 of Order XLI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 30 Order XLI of Code of Civil Procedure 1908 "Judgment when and where pronounced"

(1) The Appellate Court, after hearing the parties or their pleaders and referring to any part of the proceedings, whether on appeal or in the Court from whose decree the appeal is preferred, to which reference may be considered necessary, shall pronounce Judgment in open Court, either at once or on some future day of which notice shall be given to the parties or their pleaders.

(2) Where a written Judgment is to be pronounced, it shall be sufficient if the points for determination, the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the Court to read out the whole Judgment, but a copy of the whole Judgment shall be made available for the perusal of the parties or their pleaders immediately after the Judgment is pronounced.

Rule 31 Order XLI of Code of Civil Procedure 1908 "Contents, date and signature of Judgment"

The Judgment of the Appellate Court shall be in writing and shall state-

(a) the points for determination;

(b) the decision thereon;

(c) the reasons for the decision; and

(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein.

Rule 32 Order XLI of Code of Civil Procedure 1908 "What Judgment may direct"

The Judgment may be for confirming, varying or reversing the decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree or make an order accordingly.

Rule 33 Order XLI of Code of Civil Procedure 1908 "Power of Court of Appeal"

The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be exercised by the Court notwithstanding that the appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of all or any of the decrees, although an appeal may not have been filed against such decrees:

Provided that the Appellate Court shall not make any order under section 35A, in pursuance of any objection on which the Court from whose decree the appeal is preferred has omitted or refused to make such order.

Illustration

A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X. X. appeals and A and Y are respondents. The Appellate Court decides in favour of X. it has power to pass a decree against Y.

Rule 34 Order XLI of Code of Civil Procedure 1908 "Dissent to be recorded"

Where the appeal is heard by more judges than one, any judge dissenting from the Judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same.

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