To get a certified copy of a decree you apply to the copying department of the court that passed it, once the decree has been drawn up, pay the copying charges and any court-fee stamp the decree requires, and collect the signed and sealed copy. The judgment and the decree are two different documents: the judgment records the reasons, the decree states the relief. You will need the certified copy of the decree for execution and, often, for mutation of property.
The order is: confirm the decree is drawn up, apply to the copying section, pay the charges and stamp, then check the copy before you leave the counter.
Before you start
- The case number, the court and the names of the parties, exactly as in the cause title.
- The date of the judgment, and whether the decree has already been drawn up and signed.
- The purpose for which the copy is wanted, since that decides how many copies you should apply for.
- Proof of your right to a copy — as a party, or through an advocate's vakalatnama, or as a person the court permits.
Under Order XX Rule 6 CPC the decree is drawn up by the court after the judgment is pronounced, and it must agree with the judgment. A copy applied for before the decree is drawn up simply waits in the queue.
The copy is prepared from the decree sheet on the file, not from the judgment, so a decree whose operative portion is unclear will not yield a clean copy until the court corrects it. Check that the relief set out in the decree matches the prayer before you apply.
Steps
- Confirm the decree is drawn up. Check with the bench clerk or the copying department that the decree sheet has been prepared and placed on the file. Order XX Rule 6A CPC fixes the date of the decree as the date of the judgment, so the two must match.
- File the copying application. In the copying department, give the case number, the document wanted (the decree, and the judgment if you want both), the number of copies, and your particulars. A court may ask you to apply on a prescribed form.
- Pay the copying charges and the stamp. The department charges for copying. Where the decree itself has to bear court fee, the copy is engrossed on court-fee stamp of the value the fee schedule prescribes — where money is recovered, the stamp follows the decretal amount; where property is delivered, it follows the value of the property. The stamp is arranged as the department directs before the copy is issued.
- Wait for the copy to be prepared and signed. The copy is examined, signed by the authorised officer and sealed. Ask for the date when you may collect it.
- Check the copy at the counter. Compare the decree number, the parties, the date and the operative relief against the decree sheet. A copy that omits a page or misstates the amount is worse than useless in execution.
- Use it correctly. The certified copy is filed with the execution petition under Order XXI CPC, and a certified copy of the decree is also what the registration or revenue office asks for when property is mutated in the decree-holder's name.
Documents to keep
- The certified copy of the decree, and the judgment with it.
- The copying application and the receipt for the copying charges.
- The receipt for any court-fee stamp used on the decree copy.
- A spare certified copy, since the original is often retained by the court or the office it is filed in.
What goes wrong
- Applying before the decree is drawn up, and losing weeks waiting for the copy.
- Not paying the court-fee stamp the decree requires, so the copy is not issued.
- Applying for too few copies, then having to apply again for execution and for mutation.
- Failing to compare the copy with the decree sheet, so a defect surfaces only in execution.
- Confusing the judgment with the decree and filing the wrong document.
Common questions
What is the difference between the judgment and the decree?
Section 2(9) CPC defines the judgment as the statement of the grounds of the decision; Section 2(2) CPC defines the decree as the formal expression of the adjudication, which conclusively determines the rights of the parties on the matters in controversy. The judgment gives reasons; the decree gives the operative relief.
Why does the decree copy need a court-fee stamp?
Because the decree is a document on which court fee is payable under the Court-fees Act 1870, and the copy is engrossed on that stamp. Where the decree orders the recovery of money, the stamp follows the amount; where it orders delivery of property, it follows the value of the property.
Can I get a copy without being a party?
Only with the court's permission. A party, or an advocate holding a vakalatnama, is entitled to a copy as of right; a stranger must show the court a reason and usually an affidavit.
Where is the certified copy used?
In execution of the decree under Order XXI CPC, and before the registration or revenue authority when the decree is produced to mutate property. See civil litigation and property registration; formats are in our civil litigation formats.
FileX Advocates & Legal Consultants, Kolkata, handles these matters before the Calcutta High Court, the City Civil and Sessions courts, magistrate, and the civil and execution courts. Call +91 7439811422 or WhatsApp us for a free first consultation.