Date and contents of decree
Appeals From Original Decrees, in the First Schedule to The Code of Civil Procedure, 1908
1(1) The decree of the Appellate Court shall bear date the day on which the judgment was pronounced.
(2) 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.
(3) 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.
(4) 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.
1. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. 4 of 1925), s. 16(3).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XLI Rule 35 CPC and Order 41 Rule 35 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 41 Rule 35 CPC, Order XLI Rule 35 CPC. Each opens the full-text search over every order eCourtsIndia holds.
This Order may be one Rule short. India Code publishes the Rules of the First Schedule without recording which Order each one belongs to. We recover that from the Government's own consolidated text of the Code, and for this Order one Rule did not settle beyond doubt. Rather than print it under an Order it might not belong to, it is left out and this note put in its place. Everything shown here is where the Code puts it.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.