Order XLI Rule 37 CPC: Certified Copies of Appellate Judgment and Decree
Order XLI Rule 37 governs the official transmission of the appellate court's judgment and decree to the court that passed the decree under appeal. It also prescribes how the original court must preserve and record the appellate decision.
Text of Order XLI Rule 37
Certified 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.
Meaning and legal requirements
The rule creates a record-keeping obligation following disposal of a civil appeal. It ensures that the court of first instance has an authenticated record of the appellate decision, whether the decree was affirmed, varied or reversed.
- Documents transmitted: copies of both the appellate judgment and appellate decree.
- Certification: the copies must be certified by the appellate court or its designated officer.
- Receiving court: the court whose decree was appealed from.
- Filing: the certified documents are placed with the original proceedings in the suit.
- Register: an entry concerning the appellate judgment is made in the register of civil suits.
Important legal terms
Judgment
Under Section 2(9) CPC, a judgment is the statement given by the judge of the grounds of a decree or order.
Decree
Under Section 2(2) CPC, a decree is the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, subject to the statutory inclusions and exclusions.
Appellate court
The court hearing an appeal against a decree of another court. In a first appeal from an original decree, Section 96 CPC provides the general statutory framework, subject to applicable restrictions and exceptions.
Related provisions and practical effect
Order XLI Rule 35 specifies the date, contents and signature requirements of the appellate decree. Order XLI Rule 36 provides for certified copies of the judgment and decree to parties upon application and at their expense. Rule 37, by contrast, concerns the transmission of certified copies between courts.
For the wider statutory framework, consult the Code of Civil Procedure, 1908 on India Code. Applicable High Court rules, local amendments and court procedures should also be checked where relevant.
Frequently asked questions
What does Order XLI Rule 37 CPC require?
The appellate court must send certified copies of its judgment and decree to the court whose decree was appealed against. The receiving court files them with the original suit proceedings and records the appellate judgment in its register of civil suits.
Who certifies the copies sent to the original court?
The appellate court itself or an officer appointed by that court for this purpose certifies the copies.
Does Rule 37 provide certified copies directly to litigants?
No. Rule 37 concerns transmission between courts. Order XLI Rule 36 separately provides for certified copies to parties on application and at their expense.
Legal information is provided for general reference. Check the current central text, applicable state amendments and relevant court rules for a specific proceeding.