Bare Act:
(9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
Part in red is reproduced as it is from the bare act.
Introduction:
The word ‘judgement’ is derived after combining two words namely, judge and statement. It is result or conclusion of act of judging. The Court, after the case has been heard, shall pronounce judgement. A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and arguments). Every judgement shall include a summary of the pleadings, issues, finding on each issue, ratio decidendi and the relief granted by the court. A judge in the judgement pronounced, always states the reasons for such a decision.
Pronouncement of judgment:
Pronouncement of a judgement means that after the hearing is completed i.e. after the Court has heard the pleadings of the parties, the judgement shall be announced by the Judges in an open Court, either at once or at some future day, after providing due notice to the parties or their learned counsels.
If a judgement is not pronounced immediately then it must be pronounced within 30 days from the date of the conclusion of hearing. However, sometimes it so happens that due to exceptional and some extraordinary reasons like a bank holiday, strike or some other situation it may be delivered within 60 days from the conclusion of the hearing. It is not mandatory for a judge to read out the whole judgement and it would be enough if only the final order is pronounced. The judge shall put the date on which the judgement was pronounced along with his signature. After the Amendment Act of 1976, the time limit was provided between the hearing of the arguments and the pronouncement of the judgement. Prior to this amendment no time limit was provided as such. Such a time limit was provided because there was indefinitely continuous imposition from all over India.
Pronouncement of judgment:
Rule 2 Order XX of Code of Civil Procedure, 1908 provides a judge with the right to pronounce the judgement which is already written but is not pronounced by his predecessor.
Copy of the judgment:
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. The costs for the
copy of judgment may be specified in the rules and orders made by the High
Court (H.C.). High Court can make such rules and orders as per the provisions
specified in Order XX Rule 6B of the Code of Civil Procedure, 1908.
Contents of the judgement: -
According to Rule 4
Order XX of Code of Civil Procedure, 1908:
Judgements of a Court of
Small Causes shall contain the points for determination and the decision
thereon. While the judgments of other Courts shall contain: (a) summary of the
pleadings i.e. a concise statement of the case; (b) issues i.e. the points for
determination; (c) findings on each issue and the decision thereon; (d) ratio
decidendi (reasons for such a decision); and (e) the remedy i.e. the relief
granted.
Alteration of a judgement
Once a judgement is dated
and signed by the judge it can only be altered or amended if:
- The clerical errors i.e. the errors made
by clerks; or
- arithmetical errors i.e. errors made in
numbers such as addition, subtraction, multiplication and division; or
- errors due to accidental slips or
omissions, i.e. errors took place when some essential element is left
unnoticed etc. occur while drafting the judgment.
These errors in the judgment
can be amended as per Section 152 of CPC after review of the said judgment as
per Section 114 of CPC.
Further Reading:
Section 2. Definitions.
Section 33. Judgment and decree.
Section 114. Review.
Section 152. Amendment of judgments, decrees or orders.
Difference between Judgement and Decree
Order XX Rule 2: Power to pronounce judgment written by Judge’s predecessor.
Order XX Rule 4: Judgments of Small Cause Courts and Other Courts.
Order XX Rule 6B: Copies of judgments when to be made available.
Reference:
1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/
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