Library/CPC/Section O41R36
Section O41R36Procedural

Copies of judgment and decree to be furnished to parties

Full Text

Certified copies of the judgment and decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense.

Plain English Summary

Directs that certified copies of the appellate judgment and decree shall be furnished to the litigating parties upon application and at their expense.

Key Legal Elements

  • Right of Litigants: Parties have an absolute legal right to obtain certified copies.
  • On Application and Expense: Standard copying application and court fees required.
  • Limitation Computation: Period spent in obtaining certified copies is excluded under Section 12(2) of Limitation Act, 1963 for filing Second Appeal or SLP.

Practical Note

Limitation Exclusion under Section 12 Limitation Act: 1. Urgent Application for Copies: Immediately upon pronouncement of the appellate judgment, an urgent application for certified copies of both judgment and decree should be filed. Under Section 12(2) of the Limitation Act, the time requisite for obtaining certified copies is excluded when computing the period of limitation for a Second Appeal under Section 100 CPC (90 days) or a Special Leave Petition under Article 136 of the Constitution (90 days). 2. Date of Preparation: The excluded time runs from the date of application until the date the copy is notified as ready for delivery.

हिंदी पाठ

अपील में निर्णय और डिक्री की प्रमाणित प्रतियां पक्षकारों को अपीलीय न्यायालय को आवेदन करने पर तथा उनके खर्चे पर उपलब्ध कराई जाएंगी।