Order XLI CPC Rules 35-37: Decree in Appeal

Rules 35, 36 and 37 of Order XLI of the Code of Civil Procedure, 1908 govern the date and contents of an appellate decree, supply of certified copies to the parties, and transmission of the appellate judgment and decree to the Court whose decree was appealed from.

Key provisions: Rule 35 prescribes the date, contents, costs and signing of the appellate decree. Rule 36 provides for certified copies of the judgment and decree to be furnished to the parties on application and at their expense. Rule 37 requires certified copies of the appellate judgment and decree to be sent to the Court which passed the decree appealed from.

Order XLI Rule 35 CPCDate 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.

Proviso - Judge dissenting from judgment need not sign decree: 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.

Order XLI Rule 36 CPCCopies 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 Court and at their expense.

Order XLI Rule 37 CPCCertified 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.

Official reference: The Code of Civil Procedure, 1908 is available through India Code. The official consolidated text is also available as an India Code CPC PDF. State amendments and applicable High Court rules should also be checked where relevant to a particular proceeding.