1. Counsel prays for time for producing a certified copy of the order appealed against. S.2 (14) of the Civil Procedure Code defines 'order' as the formal expression of any decision of a civil court which is not a decree. The reasoning in support of such an order (sometimes loosely described as decretal order) is a 'judgment' which S.2 (9) defines to mean "the statement given by the judge of the grounds of a decree or order." Thus, there is a judgment and a decree when a suit is disposed of and there is a judgment and an order when any decision is rendered by a civil court except when finally determining the rights of parties in a suit. 0.41 R.1, Civil P. C., requires the production of the judgment and the decree along with the memorandum of appeal, but while a copy of the decree is mandatory, a copy of the judgment may be dispensed with in the discretion of the court. In short, the court has no power to exempt the production of a copy of the decree. The relative provision when an appeal is filed under S.104 is contained in 0.43 R.2 which reads:

The rules of Order XLI and of Order XLI- A shall apply so far as may be, to appeals from the orders specified in R.1 and other