Format for drawing a Decree in Appeal
Law of India
Civil procedure Code (Order 41, Rule 35)
(Title)
Appeal No. . . . . . . . . . . of 20 . . . from the decree of the Court of . . . . . . . . . dated the . . . . . . . . โฆ. day of โฆ. . . 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 . . . . . . . . . โฆ. day of โฆ. . . . . 20 . . . , for the following reasons, namely:โ
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 orderedโ
The 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 . . . . . . . . . โฆ. day of โฆ. . . . . . . . . 20 . . .
Judge
Plaintiff Defendant
Rs A.P. Rs. A.P.
- Stamp for plaint โฆโฆ Stamp for power โฆ..
- Do. for power โฆโฆ Do. for petition โฆโฆ
- Do. for exhibit โฆโฆ Pleaderโs fee โฆ..
- Pleaderโs fee on Rs. โฆโฆ Subsistence for witnesses โฆ..
- Subsistence for witness โฆ.. Service of process โฆโฆ
- Commissionerโs fee โฆ.. Commissionerโs fee โฆโฆ.
- Service of process โฆโฆ
Total โฆโฆ Total โฆโฆ
High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.
[Calcutta].-The words from โMemorandum of appealโฆโฆโฆ.โ to โfollowing reasons, namely:-โ 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 Respondentโs side-
โ5. Fee for preparation of process.โ-(9.6.1959).
[Madras].-Substitute the following for Form No. 9 in Appendix G :-
DECREE/ORDER
In the Court of the
Present:-
Judge
day,โฆโฆโฆโฆโฆโฆ.theโฆโฆโฆโฆ..day ofโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆ..20โฆโฆโฆโฆโฆโฆโฆ..
Appeal Suit Noโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆof20โฆโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆโฆ
Civil Miscellaneous Appeal Suit
Between:
Appellant.
and
Respondent.
On appeal from the Decree/Order of the Court ofโฆโฆโฆโฆ..dated theโฆโฆday ofโฆโฆโฆโฆโฆโฆ.20,โฆโฆโฆ., and made inโฆโฆโฆโฆ..
Original Suit Noโฆโฆโฆโฆโฆโฆโฆโฆof 20โฆโฆ.
Execution Petition
Interlocutory Application
Between:
Plaintiff-Petitioner.
and
Defendant-Respondent.
Particulars of valuation
Rs. A.P.
1- Valuation of Appeal โฆ โฆ โฆ
2- Do. suit โฆ โฆ โฆ
DECREE/ORDER:-This appeal coming on this day for hearing having been heard on the โฆโฆ.day ofโฆโฆ20โฆ.,upon perusing the grounds of appeal, the Decree/Order and judgment of the lower Court and the material papers in the case and upon hearing the arguments of Mrโฆโฆfor the Appellant and of Mrโฆโฆfor 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 dismissedโฆโฆโฆโฆ.
This Court doth further order and decree that the Appellant ( )โฆdo pay to the Respondent ( ) Rsโฆโฆ..forโฆโฆ..costs in this appeal and do bearโฆ..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. Pleaderโs fee on Rs.
- Process fee
- Fee for preparation of process
- Pleaderโs fee on Rs.
Total Total
Given under my hand and the seal of the Court, thisโฆโฆday ofโฆโฆโฆ.20โฆ..
COURT
Judge
Appeal Suit Noโฆโฆโฆโฆโฆ..of 20โฆโฆโฆโฆโฆโฆโฆโฆ..
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 โcopying or typing chargesโ below the itemโ Pleaderโs Free on Rsโฆโฆโฆโin the columns of Appellant and Respondent, and number the new entry in the first column as โ5โ.
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 . . . . . . . . . โฆ. day of โฆ. . . . . . . . . . 20 . . .
(Signed)
Note.โWhere 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.
