Litigation often involves multiple suits between the same parties. Sometimes, courts consolidate cases and deliver a common judgment. This raises a crucial procedural question:

If two suits are decided by one judgment and a single decree, do I need to file two separate appeals?

📌 The Legal Position

Under the Code of Civil Procedure (CPC), appeals are filed against decrees. If the trial court passes one composite judgment and one decree sheet, then a single appeal is generally maintainable.

However, if separate decrees are prepared in each case, then parties must file separate appeals, even if the judgment is common.

📌 Judicial Approach

The Supreme Court and various High Courts have clarified:

• What matters is the number of decrees, not the number of suits filed.

• Filing one appeal when there are multiple decrees may result in technical dismissal.

📌 Practical Example

If two suits are decided together and only one decree sheet is drawn, an appeal against that decree will cover both suits. But if two separate decree sheets are prepared, the safer course is to file two separate appeals.

👉 This highlights the importance of checking the decree sheet before filing an appeal. A small procedural error can put the entire case at risk.

FAQs

Q1. If two cases are decided together, is one appeal enough?
Yes, if only one decree is drawn. However, if separate decrees are issued, separate appeals are required.

Q2. What happens if I file only one appeal when two decrees exist?
The appeal may be dismissed on technical grounds, and you might lose the opportunity to challenge one of the decrees.

Q3. What is the difference between a judgment and a decree?

• A judgment explains the court’s reasoning and decision.

• A decree is the formal expression of that decision and is appealable under the CPC.

👉 “This article reflects our legal viewpoint for general reading and understanding only, intended to discharge our liability, and should not be treated as binding legal advice.”