Civil Procedure Code, 1908 | Appeals from original decrees

Order XLI Rule 35 CPC - Date and Contents of Appellate Decree

Order XLI Rule 35 of the Code of Civil Procedure, 1908 (CPC), also called Order 41 Rule 35, specifies the date, essential particulars, costs and authentication of a decree passed by an appellate court.

On this pageText of Order XLI Rule 35 Meaning and requirements Related CPC provisions Official legal source

Order XLI Rule 35 CPC - Statutory Provision

Heading: Date and contents of decree. The central provision reads as follows:

Sub-rule (1) - Date of decree

The decree of the Appellate Court shall bear date the day on which the judgment was pronounced.

Sub-rule (2) - Particulars and relief

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.

Sub-rule (3) - Costs

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.

Sub-rule (4) - Signature and date

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.

Meaning and Requirements of an Appellate Decree

1. Date on which judgment is pronounced

Under sub-rule (1), the appellate decree must carry the date on which the appellate judgment was pronounced. The date is not simply the date on which the decree is later typed or prepared.

2. Appeal number, parties and decision

Sub-rule (2) requires identification of the appeal and its appellant and respondent. It also requires a clear statement of the relief granted or the other adjudication made, so that the operative decision can be understood from the decree.

3. Allocation of appeal and suit costs

Sub-rule (3) requires the decree to specify the costs incurred in the appeal and how those costs, together with costs in the original suit, are to be borne. The decree must indicate the liable person or property and the relevant proportions.

4. Signing by the appellate judges

Sub-rule (4) requires the judge or judges who passed the decree to sign and date it. Where a multi-judge bench has differing opinions, a judge dissenting from the court's judgment need not sign the decree.

Practical point: The appellate judgment gives the court's reasons and decision; the appellate decree formally records the adjudication and relief. The decree should accurately reflect the judgment. Applicable High Court rules and local amendments should also be checked.

Order XLI Rule 31 addresses the contents, date and signature of an appellate judgment. Order XLI Rule 33 concerns the powers of the appellate court. Order XLI Rule 34 deals with recording a dissent.

Order XLI Rule 36 concerns certified copies of the judgment and decree for parties, while Order XLI Rule 37 provides for transmission of certified copies to the court whose decree was appealed against. For the general definition of a decree, see Section 2(2) of the CPC.

Official Source and Legal Reference

The governing central legislation is the Code of Civil Procedure, 1908 (Act 5 of 1908), India Code. The official CPC PDF contains the First Schedule, including Order XLI. Verify any applicable state or High Court amendments and procedural rules for a particular proceeding.