Order XII - Judgments, Decrees and Orders
Order XII of the Supreme Court Rules, 2013 regulates the pronouncement of judgments, preparation and correction of decrees or orders, supply of certified copies, communication for enforcement and the settlement of draft decrees.
A judgment records the Court's decision and reasons; a decree formally expresses the adjudication where applicable; and an order records a direction or decision of the Court. Their legal effect depends on the proceeding and the applicable law.
- Rule 1 - Pronouncement in open Court
- Rule 2 - Reading a judgment for another Judge
- Rule 3 - Corrections to pronounced judgments
- Rule 4 - Certified copies
- Rule 5 - Preparation and authentication of decrees
- Rule 6 - Transmission for enforcement
- Rule 7 - Orders in other proceedings
- Rule 8 - Reference of doubtful drafts to Court
- Rule 9 - Settlement of draft in parties' presence
- Rule 10 - Objections to settled decrees or orders
Rules governing judgments, decrees and orders
Rule 1 - Pronouncement in open Court
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 - Reading a judgment for another Judge
2. A member of the Court may read a judgment prepared by another member of the Court.
Rule 3 - Corrections to pronounced judgments
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
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 - Preparation and authentication of decrees
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 - Transmission for enforcement
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 in other proceedings
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 - Reference of doubtful drafts to Court
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 - Settlement of draft in parties' presence
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 - Objections to settled decrees or orders
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.
Practical effect of Order XII
After the hearing, judgment is pronounced in open Court under Rule 1. The Registry draws up and authenticates the decree or order under Rule 5, and sends appellate decrees or orders to the court or tribunal concerned under Rule 6. If a draft needs clarification or settlement, Rules 8 to 10 govern reference to the Court, participation of parties and objections. Rule 3 permits correction of accidental clerical or arithmetical mistakes, subject to the review provisions of Order XLVII; it is not a general power to reconsider the merits.
For authoritative text, amendments, case status and certified copies, consult the Supreme Court of India, its Rules and practice resources and the India Code portal. Applicable practice directions and later amendments should be checked before filing.