Under Section 96 of the Code of Civil Procedure, 1908, does an appeal lie from a decree or from a judgment?

An appeal under Section 96 of the CPC lies from a decree and not from a judgment, though Order XLI Rule 1, as amended with effect from 01.07.2002, permits the Memorandum of Appeal to be accompanied by a copy of the judgment rather than the decree.

Code of Civil Procedure, 1908 — Order VIII Rules 6A to 6D — Order XX Rule 19 — Suit and counterclaim disposed of by a common judgment — Maintainability of a composite appeal — Held: The decisions of various High Courts reveal a cleavage of opinion on whether two separate appeals must be filed against the two decrees — one dismissing the suit, the other allowing the counterclaim, or vice versa — drawn up pursuant to a common judgment, and on whether two decrees are required to be drawn up at all. (¶2, 18) Code of Civil Procedure, 1908 — Order VIII Rules 6A to 6D — Counterclaim treated as cross-suit — Composite appeal against common judgment maintainable — Held further: Since Order VIII Rules 6A to 6D of the Code of Civil Procedure, 1908 treat a counterclaim as a cross-suit interlinked with the suit claim so that both are adjudicated together on the evidence led at one trial, a suit and a counterclaim disposed of by a single common judgment can be challenged by a composite appeal; the composite appeal must, however, show the grounds raised against the decree in the suit and the decree in the counterclaim separately, whether one or two decrees have been drawn up, and must be valued and have court fees paid as for two separate appeals. (¶18, 19, 29) Code of Civil Procedure, 1908 — Composite appeal — First appeal restored — Fresh memorandum with separate grounds permitted — Held further: Since only a single appeal had earlier been filed and was rejected as incompetent, the impugned orders of the High Court and the First Appellate Court are set aside and the first appeal restored; the appellant is permitted to file a fresh memorandum with separate grounds and pay court fees for the additional appeal, to be considered by the First Appellate Court along with the earlier appeal. (¶30, 31)

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