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Code of Civil Procedure, 1908 · Order XLI: Appeals From Original Decrees

Order XLI Rule 34 CPC: Dissent to be recorded

Bare Act text

34. Dissent to be recorded.—Where the Appeal is heard by more judges than one, any judge dissenting from the judgment of the Court shall state in writing the decision or order which he thinks should be passed on the appeal, and he may state his reasons for the same.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where an appeal is heard by more than one judge, any judge who dissents from the Court's judgment must state in writing the decision or order he thinks should be passed on the appeal. He may also state his reasons.

Order XLI: Appeals From Original Decrees

  1. 1 Form of appeal
  2. 2 Grounds which may be taken in appeal
  3. 3 Rejection or amendment of memorandum
  4. 3A Application for condonation of delay
  5. 4 One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all
  6. 5 Stay by Appellate Court
  7. 6 Security in case of order for execution of decree appealed from
  8. 7 No security to be required from the Government or a public officer in certain cases (Repealed)
  9. 8 Exercise of powers in appeal from order made in execution of decree
  10. 9 Registry of memorandum of appeal
  11. 10 Appellate Court may require appellant to furnish security for costs
  12. 11 Power to dismiss appeal without sending notice to Lower Court
  13. 11A Time within which hearing under rule 11 should be concluded
  14. 12 Day for hearing appeal
  15. 13 Appellate Court to give notice to Court whose decree appealed from (Omitted)
  16. 14 Publication and service of notice of day for hearing appeal
  17. 15 Contents of notice (Omitted)
  18. 16 Right to begin
  19. 17 Dismissal of appeal for appellant's default
  20. 18 Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit cost (Omitted)
  21. 19 Re-admission of appeal dismissed for default
  22. 20 Power to adjourn hearing and direct persons appearing interested to be made respondents
  23. 21 Re-hearing on application of respondent against whom ex parte decree made
  24. 22 Upon hearing respondent may object to decree as if he had preferred a separate appeal
  25. 23 Remand of case by Appellate Court
  26. 23A Remand in other cases
  27. 24 Where evidence on record sufficient, Appellate Court may determine case finally
  28. 25 Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from
  29. 26 Findings and evidence to be put on record
  30. 26A Order of remand to mention date of next hearing
  31. 27 Production of additional evidence in Appellate Court
  32. 28 Mode of taking additional evidence
  33. 29 Points to be defined and recorded
  34. 30 Judgment when and where pronounced
  35. 31 Contents, date and signature of judgment
  36. 32 What judgment may direct
  37. 33 Power of Court of appeal
  38. 34 Dissent to be recorded
  39. 35 Date and contents of decree
  40. 36 Copies of judgment and decree to be furnished to parties
  41. 37 Certified copy of decree to be sent to Court whose decree appealed from
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