Order 41 Rule 31 : Contents, date and signature of..
The Code Of Civil Procedure 1908
Order 41 :
Rule 31 :
Contents, date and signature of judgment :
The judgment of the Appellate Court shall be in writing and shall state-
(a) the points for determination;
(b) the decision thereon;
(c) the reasons for the decision; and
(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled, and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein.
State Amendment :
High Court Amendments-[Allahabad] :
At the end of the rule substitute a semicolon for the fullstop and add the following:
"Provided that where the Presiding Judge pronounces his judgment by dictation to a shorthand writer in open Court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement."-(14-1-1939).
[Andhra Pradesh] :
Same as that of Madras.
[Bombay] :
In rule 31, substitute a colon for the full stop appearing at the end of the rule and add thereafter the following proviso:
"Provided that where the judgment is pronounced by dictation to a shorthand-writer in open Court the transcript of the judgment so pronounced shall, after making such corrections therein as may be necessary, be signed by the Judge or the Judges concerned and shall bear the date of its pronouncement."-(1-10-1983).
[Gujarat] :
Same as that of Allahabad-(17-8-1961).
[Karnataka] :
Add the following proviso to rule 31:
"Provided that where the Presiding Judge is specially empowered by the High Court to pronounce his judgment by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge."-(5-11-1959).
[Kerala] :
Rule 31 shall be renumbered as sub-rule (1) thereof and the following shall be inserted as sub-rules (2) and (3), namely:
"(2) In cases where a judgment is not written by the Judge in his own hand, but dictated and taken down by another verbatim, each page of the judgment shall be initialled by him.
(3) Where the judgment is pronounced by dictation to a shorthand-writer in open Court the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge."-(9-6-1959).
[Madras] :
Substitute the following:
"31. The judgment of the Appellate Court shall be in writing and shall state-(a) the points for determination; (b) the decision thereon; (c) the reasons for the decision; and (d) w1iere the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall bear the date on which it is pronounced and shall be signed by the Judge or the Judges concurring therein:
Provided that, where the Presiding Judge is specially empowered by the High Court to pronounce his judgment by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge."
[Orissa] :
Same as that of Allahabad-(21-9-1960).
[Patna] :
The amendment made to rule 31 is the same as that made by Allahabad, except after the words "signed by the Judge" the words "or by the Judges concurring therein" are inserted.-(21-9-1960).
[Rajasthan] :
Rule 31 shall be re-numbered as sub-rule (1) of that rule, and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted:
"(2) Where the judgment is pronounced by dictation to a shorthand-writer in open Court, the transcript of the judgment so pronounced shall, after such revision as may be deemed necessary, be signed by the Judge and shall bear the date of its pronouncement.
(3) In cases where a judgment is not written by the Judge in his own hand, but dictated and taken down verbatim by another person, each page of the judgment shall be initialled by him."-(No. 8, S.R.O. Jodhpur, 23-12-1964).
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