ORDER XLI DECREE IN APPEAL - RULE 35, 36, 37 OF CODE OF CIVIL PROCEDURE 1908

What are Date and contents of decree? How many Copies of Judgment and decree to be furnished to parties? Should Certified copy of decree to be sent to Court whose decree appealed from? Rule 35, 36 and 37 of Order XLI of Code of Civil Procedure 1908

Date and contents of decree, Copies of Judgment and decree to be furnished to parties and Certified copy of decree to be sent to Court whose decree appealed from are defined under Rule 35, 36 and 37 of Order XLI of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 35 Order XLI of Code of Civil Procedure 1908 "Date and contents of decree"

(1) The decree of the Appellate Court shall bear date the day on which the Judgment was pronounced.

(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and respondent, and a clear specification of the relief granted or other adjudication made.

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

(4) The decree shall be signed and dated by the Judge or Judges who passed it:

Judge dissenting from Judgment need not sign decree-

Provided that where there are more Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge dissenting from the Judgment of the Court to sign the decree.

Rule 36 Order XLI of Code of Civil Procedure 1908 "Copies of Judgment and decree to be furnished to parties"

Certified copies of the Judgment and decree in appeal shall be furnished to the parties on application to the Appellate their expense.

Rule 37 Order XLI of Code of Civil Procedure 1908 "Certified copy of decree to be sent to Court whose decree appealed from"

A copy of the Judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the Judgment of the Appellate Court shall be made in the register of civil suits.

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