Decree: Under Section 2(2) CPC, "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties about all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include
a. any adjudication from which an appeal lies as an appeal from an order, or
b. any order of dismissal for default.
Explanation. A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final.
Judgment: Under Section 2(9) CPC "judgment" means the statement given by the Judge of the grounds of a decree or order
ORDER XX
RULE 1 Judgment when pronounced
- After the hearing has been completed, the court shall pronounce the judgment in open court, either at once or on some future day, after giving due notice to the parties or their pleaders.
- It is provided that if a judgment is not pronounced at once, it should ordinarily be delivered within thirty days from the conclusion of the hearing.
- Where it is not practicable so to do due to the exceptional and extraordinary circumstances of the case, the Court may pronounce the judgment within 60 days.
- Due notice of the day so fixed shall be given to the parties or their pleaders.
- It shall not be necessary for the Court to read out the whole judgment.
- It would be sufficient if the final order is pronounced.
- The judgment must be dated and signed by the judge.
RULE 2 Power to pronounce judgment written by judge's predecessor
A Judge shall pronounce a judgment written, but not pronounced, by his predecessor.
RULE 3 Judgment to be signed
- The judgement must be dated and signed by the judge.
- A judgment once signed cannot afterwards be amended or altered except
i. to correct clerical or arithmetical mistakes or errors due to accidental slips or omissions (Section 152)
ii. on a review (Section 114).
RULE 4 Judgments of Small Cause Courts
- Judgments of a court of Small Causes need not contain more than the points for determination and the decision thereon
- Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
RULE 5 Court to state its decision on each issue
In suits in which issues have been framed, the Court must record its finding on each separate issue with the reasons therefor.
RULE 5A Court to inform parties as to where an appeal lies in cases where parties are not represented by leaders
Where both the parties are represented by pleaders, the Court should inform the parties present in Court as to the Court to which an appeal lies against the judgment pronounced and the period of limitation for the filing of such appeal and place on record the information so given to the parties.
RULE 6 Contents of decree.
- The decree shall follow the judgment, agree with it and bear
i. the number of the suit
ii. the names and descriptions of the parties
iii. their registered addresses
iv. particulars of the claim
v. the relief granted
vi. the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid
RULE 6A Preparation of decree.
- A decree should be drawn up within fifteen days from the date of the judgment.
- If the decree is not drawn up, an appeal can be preferred without filing a copy of the decree.
After the judgment is pronounced, copies of the judgment should be made available to the parties immediately on payment of charges.
RULE 7. Date of decree.
The decree shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.
RULE 8 Procedure where Judge has vacated office before signing decree.
Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.
RULE 9 Decree for recovery of immovable property.
In a suit for recovery of immovable property, the decree shall contain a description of such property sufficient to identify the same, and where such property can be identified by boundaries or by numbers in a record of settlement or survey, the decree shall specify such boundaries or numbers.
RULE 10 Decree for delivery of movable property. A decree for delivery of movable property must state the amount of money to be paid as an alternative if delivery cannot be had.
RULE 11. Decree may direct payment by instalments.
In a decree for the payment of money, the Court may order that the payment of the amount decreed shall be postponed or shall be made by instalments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.
RULE 12. Decree for possession and mesne profits.
In a suit for recovery of possession of the immovable property, the court may pass a decree
- for possession of the property
- for past rent or mesne profits
- direct an inquiry as to past rent or mesne profits
- direct an inquiry as to future rent or mesne profits
- final decree in respect of rent or mesne profits in accordance with the result of such inquiry
to be continued...
