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Criminal Procedure Code QUESTION #9510
Question 1
A judgment is pronounced by the trial Court on 1 March 2023. The formal decree is drawn up and signed on 15 April 2023. An appeal is filed on 25 March 2023, i.e., after judgment but before the formal decree. The respondent contends the appeal is premature and incompetent. Is this objection valid?
  • No; the appellate Court should wait until the formal decree is ready before hearing the appeal
  • No; under Section 96 CPC, an appeal lies from a decree, and the date of the decree is the date of the judgment; the formal decree, once drawn, relates back to the date of the judgment. An appeal filed after judgment but before formal drawing of the decree is valid✔️
  • Yes; an appeal can only be filed after the decree is formally drawn up and signed
  • Yes; limitation for appeal runs from the date the decree is signed
Correct Answer Explanation
Section 2(2) CPC defines a decree as a formal expression of adjudication. A decree relates to the judgment which precedes it. Under Order XX CPC, the decree follows from the judgment. Limitation for appeal runs from the date of decree (i.e., the date of judgment). An appeal filed after judgment is not premature even if the formal decree has not been drawn.