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Bare acts > Code of Civil Procedure, 1908 > Order 41 Rule 35
 
  


 

35. Date and contents of decree.- (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 i difference of opinion among them It shall not be necessary for any Judge dissenting from the judgment of the court to sign the decree.


HIGH COURT AMENDMNTS

Andhra Pradesh.- Same as that of Madras,

Bombay, Dadra and Nagar Haveli.- In Order XLI, Rules 35, r the existing sub-rule (2) substitute the following as sub-rule (2):

“(2) The decree shall contain the number of the appeal, the n4mes and descriptions pf the appellant and the respondent, their registered addresses and a clear specification of the relief granted or the adjudication made.” (1-10-1983).

Delhi and Himachal Pradesh.- Same as that of Punjab.

Kerala: Laccadive, Minicoy and Amindivi Islands.-
In Rule 35 —

(i) in sub-rule (2) the full stop at the end of the rule shall he omitted and the words “in appeal as also in the decree appealed from” shall be inserted,

(ii) to sub-rule (4) the following proviso shall be added, namely:

“Provided that the provisions of the sub-rule shall not apply to decree passed by High Court.” (9-6-1959).

Madras: Pondicherry.- Same as that of Bombay.

Punjab, Haryana and Chandigarh.- Add the following as a proviso to Rule (4):

“Provided also in the case of the High Court, that the Registrar, or such other officer as may be in chjarge of the Judicial Department from time to time, shall sign the decree o behalf of the Judge or Judges who passed it; but that such Registrar, or such officer, shall not sign such decree on behalf of a dissenting Judge.”

 

 

 

 

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