Order XII - Judgments, Decrees and Orders: Supreme Court Rules 2013
Order XII governs how the Supreme Court pronounces judgments, draws up and authenticates decrees and orders, issues copies, and transmits orders for enforcement.
Understanding Order XII
Judgment means the Court's formal pronouncement deciding the questions before it. A decree is the formal expression of an adjudication in a civil proceeding, while an order records a judicial direction or decision. Order XII regulates pronouncement, correction, preparation, authentication, transmission and settlement of the Court's judgments, decrees and orders.
Under Rule 3, alterations after pronouncement are generally limited to clerical or arithmetical errors or accidental slips or omissions, subject to the provisions on review in the Supreme Court Rules. Rules 8 to 10 deal with resolving doubts and settling draft decrees or orders, including an opportunity to approach the Court within the prescribed period.
Order XII: Rule-by-rule provisions
Rule 1
The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or on some future day, of which due notice shall be given to the parties or their advocates on record, and the decree or order shall be drawn up in accordance therewith.
Rule 2
A member of the Court may read a judgment prepared by another member of the Court.
Rule 3
Subject to the provisions contained in Order XLVII of these rules, a judgment pronounced by the Court or by a majority of the Court or by a dissenting Judge in open Court shall not afterwards be altered or added to, save for the purpose of correcting a clerical or arithmetical mistake or an error arising from any accidental slip or omission.
Rule 4
Certified copies of the judgment, decree or order shall be furnished to the parties on requisition made for the purpose, and at their expense.
Rule 5
Every decree passed or order made by the Court shall be drawn up in the Registry and be signed by the Registrar, the Additional Registrar or Deputy Registrar and sealed with the seal of the Court and shall bear the same date as the judgment in the suit or appeal.
Rule 6
The decree passed or order made by the Court in every appeal, and any order for costs in connection with the proceedings therein, shall be transmitted by the Registrar to the Court or Tribunal from which the appeal was brought, and steps for the enforcement of such decree or order shall be taken in that Court or Tribunal in the way prescribed by law.
Rule 7
Orders made by the Court in other proceedings shall be transmitted by the Registrar to the judicial or other authority concerned to whom such orders are directed, and any party may apply to the Judge in Chambers that any such order, including an order for payment of costs, be transmitted to any other appropriate Court or other authority for enforcement.
Rule 8
In cases of doubt or difficulty with regard to a decree or order made by the Court, the Registrar, the Additional Registrar or the Deputy Registrar shall, before issuing the draft, submit the same to the Court.
Rule 9
Where the Registrar, the Additional Registrar or the Deputy Registrar considers it necessary that the draft of any decree or order should be settled in the presence of the parties or where the parties, require it to be settled, in their presence, the Registrar, the Additional Registrar or the Deputy Registrar shall, by notice in writing, appoint a time for settling the same and the parties shall attend the appointment and produce the briefs and such other documents as may be necessary to enable the draft to be settled.
Rule 10
Where any party is dissatisfied with the decree or order as settled by the Registrar, the Registrar shall not proceed to complete the decree or order without allowing that party sufficient time to apply by motion to the Court, which shall not exceed 90 days from date of order of the Registrar failing which the Registrar will proceed to settle the decree.
Official resources
For amendments, notifications, forms and current practice directions, consult the Supreme Court of India and its published rules and circulars. The Court's current directions and orders govern in the event of any subsequent changes.