Order XLI Rule 36 CPC - Copies of Judgment and Decree to Be Furnished to Parties
Order 41 Rule 36 of the Code of Civil Procedure, 1908 governs the supply of certified copies of the appellate judgment and decree to the parties to an appeal.
Text of Order XLI Rule 36
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.
Meaning and legal effect
The rule provides a straightforward entitlement for a party to obtain certified copies of both the judgment and the decree passed in an appeal. The party must apply to the Appellate Court and bear the prescribed copying expenses, subject to applicable court rules and any relevant fee concessions.
What is a judgment?
Under Section 2(9) CPC, a judgment is the statement given by the Judge of the grounds of a decree or order. In an appeal, it explains the appellate court's decision and reasoning.
What is a decree?
Section 2(2) CPC defines a decree as the formal expression of an adjudication conclusively determining the rights of parties with regard to all or any of the matters in controversy in the suit, subject to the statutory inclusions and exclusions. The appellate decree formally records the result of the appeal.
What is a certified copy?
A certified copy is an officially authenticated copy issued by the competent court's copying or record section in accordance with the applicable procedural rules. Its certification distinguishes it from an informal printout or downloaded document.
How to obtain certified copies under Rule 36
- Identify the appellate court, appeal number, case title and date of judgment, if available.
- Submit a copy application through the court's designated counter or authorised electronic facility, where provided.
- Request the appellate judgment, decree or both, as needed, and pay the prescribed copying charges.
- Collect or access the certified copies after preparation, according to the court's rules.
Application forms, charges, electronic filing options and processing times vary by court and jurisdiction. Rule 36 itself does not prescribe a universal copying fee or delivery deadline.
Related CPC provisions
Order XLI Rule 31 specifies the contents, date and signature requirements for appellate judgments. Order XLI Rule 35 addresses the date and contents of the appellate decree. Order XLI Rule 37 separately concerns transmission of a certified copy of the appellate decree to the court whose decree was appealed from.
Frequently asked questions
Can both sides apply for certified copies?
Yes. Rule 36 refers to the parties, and does not restrict the right to the successful party.
Are copies supplied automatically?
Rule 36 provides for copies to be furnished on application to the Appellate Court, at the applicant's expense. Other applicable court rules may govern additional modes of access or supply.
Does Rule 36 set a time limit for requesting copies?
No specific application deadline appears in Rule 36 itself. Parties should nonetheless act promptly, particularly where limitation periods for further proceedings may apply.
Official statutory reference
Read the Code of Civil Procedure, 1908 on India Code. Check the current statutory text, applicable High Court amendments and local court copying rules for the relevant jurisdiction.
This article is general legal information, not case-specific legal advice. Court rules and state amendments may affect procedure.