1. Conflicting administrative directions issued by this Court as to the necessity for producing a copy of the decree along with the Memorandum of Appeal have placed the litigants and their counsel in a quandary. The difficulty is encountered very often and hence I heard Mr. K.A. Salil Narayanan, Advocate on behalf of the appellant and Mr. G. Unnikrishnan, Advocate as Amicus Curiae.

2. This is an application to condone the delay of 705 days in re-presenting the Regular Second Appeal after curing the defects which included the failure to produce the copy of the decree along with the memorandum. The Registry of this Court has taken a stand that the Regular Second Appeal cannot be numbered unless the memorandum is accompanied by the original and appellate decree. The Court Fee Examiners and Section Officers have been cautioned that only the court can dispense with the production of the decree for a Regular Second Appeal to be numbered. The time consumed for obtaining the decree of the trial court in the instant case has resulted in the delay in re-presenting the Regular Second Appeal of which condonation is sought.

3. An appeal would lie under Section 96 of the Code of Civil Procedure, 1908 (the 'CPC' for short) only from the original decree and not from a judgment as is evident by the scheme of the statutory provisions. Section 96 of the CPC is as follows:-

96. Appeal from original decree.- (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force; an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Court.

(2) An appeal may lie from an original decree passed ex parte.

(3) No appeal shall lie from a decree passed by the Court with the consent of parties.

(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject matter of the original suit does not exceed ten thousand rupees. "

The Supreme Court has reiterated this principle in Banarasi Vs. Ram Phal [(2003) 9 SCC 606] as follows:

"No appeal lies against a mere finding. It is significant to note that both Sections 96 and 100 CPC provide for an appeal against decree and not against judgment."

4. The decree shall agree with the judgment and it shall contain inter alia the particulars of the claim and shall specify clearly the relief granted or other determination of the suit under Order XX Rule 6 of the CPC. The Code of Civil Procedure (Amendment) Act, 1999 (Act No. 46 of 1999) has brought in provisions regarding the preparation of the decree as well as the availability of the copies of the judgments. Rules 6A and 6B of Order XX of the CPC are as follows:-

"6A. Preparation of decree.- (1) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible andin any case, within fifteen days from the date on which the judgment is pronounced.

(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the Court shall for the purposes of Rule 1 of Order XLI be treated as the decree.

But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose.

6B. Copies of judgments when to be made available.-Where the judgment is pronounced-copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring an appeal on payment of such charges as may be specified in the rule made by the High Court. "

Thus every endeavour should be made to ensure that the decree is drawn up as expeditiously as possible and within an outer time limit of fifteen days from the date on which the judgment is pronounced. An appeal can be preferred without filing a copy of the decree and