CPC5
CPC5
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.
JUDGEMENT
SECTION 2(8)
SECTION 2(9)
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.
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:
CONTENTS OF A DECREE
The decree shall agree with the judgement and shall contain the following:
TYPES OF DECREE
1 2 3
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.