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CPC5

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CPC5

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llr.tyllb
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© © All Rights Reserved
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CODE OF CIVIL PROCEDURE,

1908
Judgement and Decree
INTRODUCTION
The Code of Civil Procedure, 1908, also known as the ‘Civil Procedure Code’ or ‘CPC’,
is the Law that regulates the procedures and practices to be followed in the Civil Courts.
The term ‘Code’ refers to a methodical collection of statutes arranged in such a way as to
prevent overlapping or inconsistency.

The Code of Civil Procedure has two parts.


 The first part comprises 158 Sections. This part of the Code specifies provisions
concerned with the general principles of jurisdiction.
 The second part consists of the First Schedule. It includes 51 Orders and Rules.
This part of the Code recommends methods and procedures that govern civil
proceedings in the country.
3

JUDGEMENT
SECTION 2(8)

‘Judge’ is defined as the presiding officer of a Civil Court.

SECTION 2(9)

‘Judgement’ means the statement given by the Judge on the grounds


of a decree or order.

 A judgment is said to be the final decision of the court on the said matter before the court in the form of
suit towards parties and to the world at large by formal pronouncement in open court.

 Every judgement shall include a summary of the pleadings, issues, finding on each issue, ratio
decidendi and the relief granted by the Court.

 Judgements play a very important role in the working of our judicial system because they act as
precedents for cases to come in the near future.
Code of Civil Procedure, 1908 4

ESSENTIALS OF A JUDGEMENT
Rule 4 of Order XX of the Code of Civil Procedure, 1908 provides for the contents of a
judgement as follows:
Judgement of Courts other than the Court of Small Causes:
1) The concise statement of the case,
2) The points for the determination,
3) The decision thereon,
4) The reason for such a decision.

Judgement of the Court of Small Causes :


1) The points for the determination,
2) The decision thereon.
Code of Civil Procedure, 1908 5

IMPORTANT RULES OF ORDER XX


Order XX of the Code of Civil Procedure, 1908 lays down the detailed rules regarding
judgement and decrees.

Rule 1 of Order XX: Pronouncement


• Lays down that the judgement is to be pronounced in the open Court, either
immediately after the case has been heard, or as soon thereafter it may be practicable, or
on some future day.
• If it is to be pronounced on a future day, the date should be fixed by the Court and
notice thereof is to be given to the parties or their pleaders.
• If the judgement is not pronounced on the same day, the Court must endeavour to do so
within thirty days from the date on which the hearing of the case was concluded.
• If not practicable to do so, due to exceptional and extraordinary circumstances of the
case, the date fixed for giving the judgement should not ordinary be a day beyond sixty
days from the date on which the hearing was concluded.
Code of Civil Procedure, 1908 6

Rule 3 of Order XX: Date and Signature


• Every judgment is to be dated and signed by the Judge in open Court at the time of
pronouncing it.
• Once signed, the judgement cannot afterwards be altered or added to, except on review
or as provided by Section 152 of the Code of Civil Procedure, 1908.

Rule 4 of Order XX: Death of Judge


• If the Judge dies after having a judgement, but without having pronounced it, his
successor must pronounce the judgement.

Rule 6-B of Order XX: Copy of Judgement


• Once the judgement is pronounced the copies of that particular judgement should be
immediately made available to the parties on payment of costs as specified.
Code of Civil Procedure, 1908 7

WHAT IS A DECREE?
Section 2(2):
“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.

Section 2(3):
“Decree-holder” means any person in whose favour a
decree has been passed.

 The term is also deemed to include the rejection of a plaint and the
determination of any question under Section 144 which deals with
applications for restitutions.
Civil Procedure Code, 1908 8

ESSENTIALS OF A DECREE
In order that a decision of a court may be a decree, the following essential requirements must be
satisfied:

1. ADJUDICATION 3. RIGHTS OF THE


5. FORMAL EXPRESSION​
PARTIES IN
CONTROVERSY

THE ADJUDICATION CONCLUSIVE


2. 4.
MUST BE DONE IN A DETERMINATION
SUIT
Code of Civil Procedure, 1908 9

CONTENTS OF A DECREE
The decree shall agree with the judgement and shall contain the following:

1) Number of the suit,


2) Name and description of the parties,
3) Registered addresses,
4) Particulars of the claim,
5) Relief granted or other determination of the suit.
Civil Procedure Code, 1908
10

TYPES OF DECREE
1 2 3

PRELIMINARY DECREE FINAL DECREE PARTLY PRELIMINARY


 It conclusively determines OR
 It conclusively determines the PARTLY FINAL
rights of the parties in the the rights of the parties in
suit with regard to the suit with regard to all of  A type of decree where a final
some of the matters in the matters in controversy decision has been passed in
controversy, but it does not and completely disposes of respect of a part of the suit
completely dispose of the suit. the suit. and the other part is left for
 Examples: future adjudication.
 Lucky Kochuvareed v.
1) Suit for recovery of
P. Mariappa Gounder (1979):
possession of immovable
In a suit for possession of
property and for rent.
immovable property with mesne
2) Suit for administration of the profit, the decree regarding
estate of a deceased person. mesne profit is preliminary
3) Suit for dissolution of whereas, the decree regarding
partnership. possession is final.
11

DIFFERENCE BETWEEN JUDGMENT & DECREE


The definition of Judgement is given in The definition of Decree is given in Section
Section 2(9) of the Code of Civil Procedure, 2(2) of the Code of Civil Procedure, 1908.
1908.
Judgement is made prior to Decree Decree allows follows Judgement.

Judgement is based upon facts. Decree is based upon Judgement.

Judgement contains the facts of the case, Decree contains the outcome of the suit and
issues involved, evidence brought by parties conclusively determines the rights of parties
and finding on issues. with regard to the issues in dispute in the
suit.
Judgement has no types. Decree is divided into three types:
preliminary, final and partly preliminarily or
partly final.
Judgment leads to the Decree being drawn After passing the Decree, the suit stands
up. disposed of since the rights of the parties
are determined by the Court.
Code of Civil Procedure, 1908 12

SUMMARY
 The conclusion of any civil proceeding will, but naturally,
comprise of a judgement and decree.

 Decree is a characteristic of civil proceedings.

 Judgement forms the concluding part and decree from the


operating part.

 Judgement and decree are the most important components


in a civil proceeding; as it gives legal effect to the claims
of settlement or controversy of the parties through the
means of judicial determination.
THANK YOU
Gillian Wilson
(Roll. No. : 2324353)

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