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Pvt_RajKing (Private)     03 October 2010

CERTIFIED COPY OF DECREE

Hello,

In Civil First Appeal, a Chief Judge court is asking for Certified Copy (CC) of Decree and CC of Judgement. A friend of mine told me that there is some Supreme Court Judgement in 2009 that allowed appeal with CC of Judgement and made CC of Decree optional (so long the judgment is detailed enough).

Does anyone happen to remember/know which judgement it was? Any reference or link to that judgement is much appreciated...

Thanks



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 October 2010

regarding what matter?  Without details it is highly impossible to say.

Pvt_RajKing (Private)     03 October 2010

It is an appeal against an I.A order (denial of I.A) with Chief Judge. O.S is still in process... I.A was for declaratory order but was denied by the trial court.. Though I am not sure how this is relevant to my question.... When we appeal do we need certified copies of both the judgment and the decree? I  have heard that just certified copy of the judgment is enough as long as it has all the incredients of a decree (facts, reasoning, finding etc)... Our judgment is very detailed... I am looking for that SUpreme Court Judgment on this (as a friend says there is a one from 2009)

Thanks

Pvt_RajKing (Private)     03 October 2010

Never mind....

Under amended CPC 2002, Order XX Rule 6A (2) has explicitly provided that certified copyof the decree is not required for an appeal.... it reads as follows:

"(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose."

It is a shame that civil courts are still hung up on the old code.... No supreme court judgement is needed since the code is very clearlllll


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