Judgment & Decree
Section – 33 & Order – XX
Sec – 2(2) defines decree -” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to 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 2 *** 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
Sec – 2(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
Sec – 2 (10) “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made;
Sec – 2 (3) “decree-holder” means any person in whose favour a decree has been passed or an order capable of execution has been made;
Sec – 33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.
Order – XX Judgment and decree
Total Rules – 20
Plaintiff
Institution of Suit U/O –IV,R-1, S -26
Issue Of Summon to Defendant U/O-V,S-27
Framing of Issue –U/O – XIV
At the end of Trial Judgment First Come
Decree Comes After Judgment , as operational Part of It.
Execution of Decree
Order – XX Judgment and decree
Total Rules – 20
Judgment
Rule 1 to 5
Decree
Rule 6 to 8
Specific Decree
Rule 9 to 18
General Provision
Rule 19 & 20
- Judgment when pronounced.—3 [(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:
Provided that where the judgment is not pronounced at once, every Endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.
- Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessarty for the Court to read out the whole judgment
- The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf:
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as ma be necessary, be signed by the Judge, bear the date on which it was pronounced, and form a part of the record.
Rule – 1. Judgment when pronounced -Notes
A notice should be given in the manner prescribed by section 142. A judgment delivered without notice to parties is not a judgment pronounced within the meaning of this rule.
In Surendra Nath Singh v, State of U.P AIR 1954 , Supreme Court held that what constitute the judgment is final and the formal declaration in an open court of the operative decisions of the case and until that stage is reached , the judge can change his opinion.
Where a Judgment is not pronounced , dated or signed in conformity with the requirements of the CPC , it constitutes a mere irregularity within the meaning of section -99 , it affords no grounds for reversal in appeal of the decree based on it.
Case -1 –Anil Rai v. State of Bihar AIR 2001 SC 3173. In this case after the conclusion of arguments by the counsels, the judgment was reserved by the court which was pronounced after two years. The court observed: “In a country like ours where people consider the Judges, second to God, efforts are made to strengthen that belief of the common man. Delay in disposal of cases facilitates the people to raise eyebrows, sometimes genuinely which, if not checked, may stake the confidence of the people in judicial system.“
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
- Judgment to be signed.- The judgment shall be dated and signed by the Judge in open Court at time of
pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review.
pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review.Notes – It is only after the judgment is pronounced and signed , that alterations and additions are not permissible except under section 152 or section 114 or in very exceptional cases under section 151 of CPC 1908.
Case law – Vinod Kumar Singh v. Banaras Hindu University (1988)
Issue – Provisions of the Civil Procedure Code-Whether a judgment once pronounced in open Court becomes operative even without the signatures of the Judges and any alteration therein whether permissible.
Facts Of the Case- The appellant passed the Bachelor’s examination in law with 54.5 per cent marks. He applied for admission to the Master’s Course in law. The university had prescribed a minimum of 55 per cent marks for admission to the course. The appellant claimed weight age on certain grounds on the strength of a precedent. The admission was, however, refused. The appellant filed a writ petition. A Division Bench of the High Court heard the writ petition and dictated the judgment in the open court, allowing the petition and directing the university to admit the appellant, but soon thereafter, before the judgment was signed, the appellant’s matter was again put in the hearing list to be heard afresh. The Division Bench, which had allowed the writ petition, released the case from its list and directed the same to be listed before another Division Bench. On the matter being so listed, the Second Division Bench dismissed the petition. The appellant appealed to this Court by special leave against the order of dismissal passed by the High Court. Allowing the appeal and directing the university to admit the appellant, the Court,
Held – The provisions of Order 20, rule 3 of the Code of Civil Procedure give power to the Court to make alterations/additions in a judgment so long as the judgment has not been signed, but that power should be exercised judicially, sparingly and for adequate reasons. When a judgment is pronounced in the open court, the parties act upon it and conduct their affairs on the basis that it is in judgment of the court and that the signing of the judgment is a formality to follow. A judgment to be operative does not await the signing thereof by the court. If what is pronounced in the court is not acted upon, the litigants would be prejudiced; their confidence in the judicial process would be shaken. A judgment pronounced in the open court should be acted upon unless there be some exceptional feature, like, soon after the judgment is declared in the open court, a feature, not placed for consideration before the court earlier, is brought to its notice by either party to the cause, or the court discovers some new facts from the record or the court notices a feature, which should be taken into account, or a review is asked for, which is granted. In such a situation the court may take up the matter again for further consideration, and it has to give good reasons if the judgment delivered by it is not to be operative. Since the writ petition of the appellant had first been allowed by pronouncement of the judgment in the open court, and there is nothing on record to justify why it was not acted upon, the appeal succeeds.
Rule – 4. Judgment of Small Cause Courts
(1) Judgment of a Courts Small Causes need not contain more than the points for determination and the decision thereon.
(2) Judgments of other Courts.- Judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and reason for such decision.
Notes – A Judgment must convey some indications that the judge has applied his mind to the evidence on the record and must at least contain a statement of the grounds on which decree or order is passed.
Rule 4 deals with the contents of a judgment. The content of a judgment other than a Court of Small Causes must have the following:
(i) a concise statement of the case;
(ii) the points for determination;
(iii) the decision thereon; and
(iv) the reason for such decision.
(v) the relief granted
A judgment of a court of Small. Causes should, however, not contain more than:
(i) points for determination and
(ii) the decision thereon.
Case Law . A. M. Mathur v.Pramod Kumar, AIR 1990 SC 1737.SC said, “ No disparaging or defamatory remarks must be made either against a party or against any other person.”
Case Law . Atar Singh v. District Judge Jhansi AIR 1994 All 295.Allahbad H. C. said,” Even an ex parte decree must satisfy the requirements of a judgment as provided in Order XX, Rule 4. Ex parte decree unsupported by reasons is not a judgment.
The Supreme Court of India held in Balraj Taneja v. Sunil Madan AIR 1999 SC 3381 that 1. a Judge cannot merely say “suit decreed” or “suit dismissed”. The whole process of reasoning has to be set out for deciding the case one way or the other.
Rule – 5. Court to state its decision on each issue
Court to state its decision on each issue.—In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefore, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit.
[5-A. Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.—Except where both the parties are represented by pleaders, the Court shall, when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record the information so given to the parties.]
Inserted by Amendment Act of 1976
Essential of Decree
Essential Elements of a Decree: Following are the essential elements of a decree:
(i) There must be an adjudication;
(ii) Adjudication must be in a suit;
(iii) It must have determined (decided) the right of the parties with respect to all or any of the matters in controversy.
(iv)Such determination must be conclusive determination; and
(v) There must be formal expression of the adjudication.
Deep Chand v. Land Acquisition Officer, AIR 1994 SC 1901 said, “a decision of a Court amounts to a decree there must be an adjudication. In other words, if there is no judicial determination of the dispute between the parties, there cannot be a decree. Thus, for example an appeal dismissed in default, or an order dismissing a suit for non-appearance of the parties does not amount to a decree for there is no judicial determination of the matter in controversy.”
Rule – 6. Contents of decree
6. Contents of decree.—(1) The decree shall agree with the judgment: it shall contain the number of the suit, the 1 [names and descriptions of the parties, their registered addresses,] and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.
(2) The decree shall also state 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.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter.
Rule – 6A. Preparation of decree
2 [6A. Preparation of decree.—(1) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and, in 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.
Notes – The amendment of 1999 brought into force with effect from 1 july 2002 fixes a time limit of 15 days on the preparation of the decree from the date on which the judgment is pronounced and also empowers a party to prefer an appeal without a copy of the decree and an appeal filed on a copy of the judgment shall not be treated as defective.
Rule – 6B. Copies of judgments when to be made available
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.]
Rule – 7- Date Of Decree
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.
The period of limitation for an appeal from a judgment runs from the date on which it is pronounced, and not from the date on which it is written and signed. So also the limitation for the execution of the decree should be computed from the date when the judgment is delivered and not when the decree is signed.
Rule – 8- Procedure where Judge has vacated office before signing decree
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 decree
9. Decree for recovery of immovable property.—Where the subject-matter of the suit is 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.
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Rule – 10 – Decree for delivery of movable property
10. Decree for delivery of movable property.—Where the suit is for movable property, and the decree is for the delivery of such property, the decree shall also state the amount of money to be paid as an alternative if delivery cannot be had.
Rule – 11 – Decree may direct payment by installments
11. Decree may direct payment by installments.—(1) Where and in so far as a decree is for the payment of money, the Court may for any sufficient reason 3 [incorporate in the decree, after hearing such of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order that] payment of the amount decreed shall be postponed or shall be made by installments, with or without interest, notwithstanding anything contained in the contract under which the money is payable.
(2) Order, after decree, for payment by installments.—After the passing of any such decree the Court may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment of the amount decreed shall be postponed or shall be made by installments on such terms as to the payment of interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or otherwise, as it thinks fit.
Rule – 12 – . Decree for possession and mesne profits
12. Decree for possession and mesne profits.—(1) Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree—
(a) for the possession of the property;
(b) for the rents which have accrued on the property during the period prior to the institution of the suit or directing an inquiry as to such rent.
(ba) for the mesne profits or directing an inquiry as to such mesne profits;]
(c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
(i) the delivery of possession to the decree-holder,
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court, or
(iii) the expiration of three years from the date of the decree, whichever event first occurs.
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or mesne profits shall be passed in accordance with the result of such inquiry.
Mesne Profit – Section – 2(12)
(12) “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;
Notes – This rule applies only when a claim for rent on mesne profits is made in a suit for the recovery of possession of immovable property.
Where the statute protects possession, mesne profits cannot be ordered.
The test set by the statutory defination of mesne profits is not what the plaintiff has lost by his exclusion , but what the defendant has , or might reasonably have made by his wrongful possession.
Decree for specific performance of contract for the sale or lease of immovable property
12A. Decree for specific performance of contract for the sale or lease of immovable property.— Where a decree for the specific performance of a contract for the sale or lease of immovable property orders that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within which the payment shall be made.
Rule -13 – . Decree in administration suit
13. Decree in administration suit.—(1) Where a suit is for an account of any property and for its due administration under the decree of the Court, the Court shall, before passing the final decree, pass a preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other directions as it thinks fit.
(2) In the administration by the Court of the property of any deceased person, if such property proves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time being, within the local limits of the Court in which the administration-suit is pending with respect to the estates of persons adjudged or declared insolvent; and all persons who in any such case would be entitled to be paid out of such property, may come in under the preliminary decree, and make such claims against the same as they may respectively be entitled to by virtue of this Code.
Notes – The object of the administrative suit is to have the estate administered under a preliminary decree of the court and until all the debts are paid off , outstanding are collected and shares are distributed , the estate remains under the supervision and management of the court.
Rule -14 – . Decree in Pre Emption suit
Decree in pre-emption suit.—(1) Where the Court decrees a claim to pre-emption in respect of a particular sale of property and the purchase-money has not been paid into Court, the decree shall—
(a) specify a day on or before which the purchase-money shall be so paid, and
(b) direct that on payment into Court of such purchase-money, together with the costs (if any) decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the suit shall be dismissed with costs.
(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,—
(a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of the property including any proportionate share in respect of which the claim of any pre-emptor failing to comply with the said provisions would, but for such default, have taken effect; and,
(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior preemptor shall not take effect unless and until the superior pre-emptor has failed to comply with the said provisions.
The Sole object of Pre emption suit is to exclude Strangers form acquiring interest in the immovable properties. This right is purely personal and cannot be transferred to a third person .
The Right of Pre emption is the right to be substituted in place of the original vendee. Such a decree imposes reciprocal obligation. The plaintiff has to pay the purchase money. Then the defendant has to deliver the possession.
Time for deposit of pre emption money as fixed in the decree cannot be extended under section -148 of the code.
Rule -15 – . Decree in suit for dissolution of partnership
15. Decree in suit for dissolution of partnership.—Where a suit is for the dissolution of a partnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to be done, as it thinks fit.
Rule -16 – Decree in suit for account between principal and agent
- Decree in suit for account between principal and agent.—In a suit for an account of pecuniary transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be taken as it thinks fit.
- Special directions as to accounts.—The Court may either by the decree directing an account to be taken or by any subsequent order give special direction with regard to the mode in which the account is to be taken or vouched and in particular may direct that in taking the account the books of account in which the accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein contained with liberty to the parties interested to take such objection thereto as they may be advised.
Rule -18- Decree in suit for partition of property or separate possession of a share therein
18. Decree in suit for partition of property or separate possession of a share therein.—Where the Court passes a decree for the partition of property or for the separate possession of a share therein, then,—
(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the Government, the decree shall declare the rights of the several parties interested in the property, but shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with such declaration and with the provisions of section 54;
(2) if and in so far as such decree relates to any other immovable property or to movable property, the Court may, if the partition or separation cannot be conveniently made without further inquiry, pass a preliminary decree declaring the rights of the several parties interested in the property and giving such further directions as may be required.
Notes – A decree passed under sub rule (1) is not a preliminary decree but a final decree though the partition under the decree remains to be effected by the collector.
Section – 54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force relating to the partition, or the separate possession of shares, of such estates
The preliminary decree merely determines the rights of the parties in a partition suit , the properties partitioned and the shares alloted . It is the final decree that ultimately divides the properties and awards separate possession.
The final decree in a partition suit cannot amend or go behind the preliminary decree on a matter determined by the preliminary decree .
A preliminary decree declares the rights and liabilities of the parties .
This rule must be read with Section 54 of CPC 1908
The term partition in Section 54 ,is not confined to a mere division of the lands in question into the requisite parts, but includes the delivery of the shares to their respective allttees.
Rule -19- Decree when set-off or counter-claim is allowed
19. Decree when set-off or counter-claim is allowed.—(1) Where the defendant has been allowed a set-off 1 [or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party.
(2) Appeal from decree relating to set-off or counter-claim.—Any decree passed in a suit in which a set-off 1 [or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off 1 [or counter-claim] had been claimed. (3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise.
Rule -20- Certified Copies
20. Certified copies of judgment and decree to be furnished.—Certified copies of the judgment and decree shall be furnished to the parties on application to the Court, and at their expense.
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