Format for Decree in Appeal

Format for drawing a Decree in Appeal

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Civil procedure Code (Order 41, Rule 35)

(Title)

Appeal No. . . . . . . . . . . of 20 . . . from the decree of the Court of . . . . . . . . . dated the . . . . . . . . …. day of …. . . 20 .. .

Memorandum of Appeal.

Plaintiff.

vs.

Defendant.

The . . . . . . . . . . above-named appeal to the . . . . . . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . . in the above suit, dated the . . . . . . . . . …. day of …. . . . . 20 . . . , for the following reasons, namely:—

This appeal coming on for hearing on the . . . . . . . . . . day of. . . . . 20 . . . , before . . . . . . . . . . in the presence of . . . . . . . . . . or the appellant and of . . . . . . . . . . for the respondent, it is ordered—

The costsCosts Subject to any written law, costs are at the discretion of the Court, and the Court has the power to determine all issues relating to the costs of or incidental to all proceedings, including by whom and to what extent the costs are to be paid, at any stage of the proceedings or after the conclusion of the proceedings. Generally “Costs” includes charges, disbursements, expenses, fees, and remuneration. Costs in any matter are payable from the date of the order of the Court unless the parties otherwise agree. The costs of a third-party funding contract are not recoverable as part of the costs of, or costs. of this appeal, as detailed below, amounting to Rs. . . are to be paid by . . . . . . . . . . The costs of the original suit are to be paid by . . . . . . . . . . . . . . . . . . . . . . . .

Given under my hand this . . . . . . . . . …. day of …. . . . . . . . . 20 . . .

Judge

Plaintiff Defendant
Rs A.P. Rs. A.P.

Stamp for plaint …… Stamp for power …..
Do. for power …… Do. for petition ……
Do. for exhibit …… Pleader’s fee …..
Pleader’s fee on Rs. …… Subsistence for witnesses …..
Subsistence for witness ….. Service of process ……
Commissioner’s fee ….. Commissioner’s fee …….
Service of process ……

Total …… Total ……

High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.

[Calcutta].-The words from “Memorandum of appeal……….” to “following reasons, namely:-” to be omitted.

[Gauhati].-Same as that of Calcutta.

[Kerala].-Same as in Madra except for the addition of the following item in the particulars of costs on the Respondent’s side-

“5. Fee for preparation of process.”-(9.6.1959).

[Madras].-Substitute the following for Form No. 9 in Appendix G :-

DECREE/ORDER

In the Court of the

Present:-

Judge

day,……………….the…………..day of………………………………..20…………………..

Appeal Suit No…………………………of20………………………………

Civil Miscellaneous Appeal Suit

Between:

Appellant.

and

Respondent.

On appeal from the Decree/Order of the Court of…………..dated the……day of……………….20,………., and made in…………..

Original Suit No……………………of 20…….

Execution Petition

Interlocutory Application

Between:

Plaintiff-Petitioner.

and

Defendant-Respondent.

Particulars of valuation

Rs. A.P.

1- Valuation of Appeal … … …
2- Do. suit … … …

DECREE/ORDER:-This appeal coming on this day for hearing having been heard on the …….day of……20….,upon perusing the grounds of appeal, the Decree/Order and judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of the lower Court and the material papers in the case and upon hearing the arguments of Mr……for the Appellant and of Mr……for the Respondent, and the appeal having stood over to this day for consideration, this Court doth order and decree that the Decree/Order of the lower Court be and hereby is confirmed and this appeal dismissed………….

This Court doth further order and decree that the Appellant ( )…do pay to the Respondent ( ) Rs……..for……..costs in this appeal and do bear…..own costs of Rs.

Particulars of costs

Appellants Amount Respondents Amount
Rs. A.P. Rs. A.P.

Stamp on appeal Memo 1. Stamp for power
Stamp on vakalat 2. Stamp for petition
Stamp on copies of lower Court decree/order and judgment including copying fee 3. Service of processes
Stamp on petitions 4. Pleader’s fee on Rs.
Process fee
Fee for preparation of process
Pleader’s fee on Rs.

Total Total

Given under my hand and the seal of the Court, this……day of……….20…..

COURT

Judge

Appeal Suit No……………..of 20……………………..

Civil Miscellaneous

Appeal Suit

DECREE/ORDER

(P.Dis.No. 62/66) (23.2.1966)

[Orissa].Same as that of Patna.

[Patna].In the schedule of costs in the Form No. 9 and add “copying or typing charges” below the item” Pleader’s Free on Rs………”in the columns of Appellant and Respondent, and number the new entry in the first column as “5”.

No. 10

Application to Appeal in IN forma pauperis

(Order 44, Rule 1)

(Title)

I . . . . . . . . . . the . . . . . . . . . . above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.

Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

Dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

(Signed)

Note.—Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.