What is Decree and Judgments?

What is Decree and Judgement

Decree

Introduction: – A decree is an official order that is issued by a legal authority, like a Judge. The term Decree comes under Section 2(2) of the Civil Procedure Code. Decree plays an important role in a civil suit. Court judicially all the disputes in the suit, and determined the right of parties about all disputes in the suit.

Definition:- decree defined under Section 2 (2) of the Code of Civil Procedure, 1908. Decree means the formal expression of an adjudication which, so far as regards the court expressing it, conclusive determines the rights of the parties with regards to all or any of the matter in the suit and may be either preliminary or partly final.

Essentials of Decree

  • There must be an adjudication
  • Such adjudication must have been given in a suit
  • It must determine the rights of the parties about all or any of the matters in disputes in the suit
  • Such determination must be conclusive
  • There must be a formal expression of such adjudication.

Case

Bal kishan vs Tulasi Bai    AIR 1987 MP 120

In this case, the court held that to become a decree order must satisfy the requirements of Section 2(2).

Adjudication

Adjudication means the matter in the suit should be judicially determined.

Case

Madan Naik vs Hansubala Devi

In this case, the court held that if the matter is not judicially determined then it is not a decree.

Suit

The suit is a civil proceeding instituted by the presentation of the plaint. For any decision to be considered as a decree, the suit is important. A decree is only in a civil suit. If there is no civil suit, there can be no decree.

Case

Minakshi vs Subramanaya 1888 1 LR 11 Mad 26(35)

In this case court held that if there is no civil suit then there is no decree.

Rights of the parties

The rights which are determined under decree are substantial. If rights are procedural the order cannot be considered a decree. Right must be determined by a formal adjudication.

Case

Dattatray vs Radhabai AIR 1921 Bom 220

In this case court observed that the word “right” means substantive rights and not merely procedural rights.

Conclusive Determination

Such determination by the court must be conclusive. That means the court will not entertain any argument to change the decision.

Case

Narayan Chandra vs Pratirodh Sahini AIR 1991 Cal 53

The court held that the determination should be final and conclusive on the topic of the court which passes it.

Formal Expression

There must be a formal expression of adjudication. Formal appearance should be given in the way set by law. The decree should be drawn individually and it should follow the judgment. If a decree is not officially drawn upon the judgment, no appeal lays the judgment.

Case

Shakuntala Devi vs Kuntal kumari

In this case, the court held that the decree should pursue the judgment and it should be drawn individually.

Types of Decree

Civil Procedure Code recognizes the following three types of decree.

  1. Preliminary Decree
  2. Final Decree
  3. Partly Preliminary and Partly Final Decree

Preliminary Decree

Preliminary, in its broadest sense, denotes preparation for the main event, as well as original, introductory, and preparatory. A preliminary decree, in legal terms, is a decree that requires further hearings before the case can be fully resolved. It determines the parties’ interests in all or any of the issues under consideration, but it does not fully resolve the case. The parties’ rights and obligations are outlined in such a decree, but the outcome or decision is left to be sorted out in future proceedings. In cases where the trials are to be carried out in two stages, a preliminary decree is issued.

Case

Mool Chand vs Director, Consolidation

In this case, the court held that a preliminary decree is merely a stage to work out the rights of parties awaiting the matter is finally decided by the court and adjudicated by a final decree.

Final Decree

The final decree is a decree that disposes of a suit completely and settles all the matters in dispute between the parties. The final decree does not leave any substance to be decided further.

A decree is said to be final in the following ways:

  1. When no appeal is filed in opposition to the decree within a prescribed period, the subject of the decree has been decided by the uppermost court.
  2. When the decree passed by the court dispose of the suit completely.

Partly Preliminary and Partly Final Decree

A decree can be moderately preliminary and moderately final.

Explanation

If there is a suit of ownership of an immovable property along with the issue of mesne turnover, the court is grateful.

  1. Passes a decree deciding the ownership of the assets.
  2. Inquiry direct for a mesne profit.

The first part deciding the ownership of the property is final while the part regarding the mesne income is preliminary.

Deemed Decree

An adjudication that does not formally fall under the definition of decree stated under section 2 (2) of the Civil Procedure Code but due to legal fiction, they are deemed to be considered as deemed decree.

Judgment

Section 2(9) of the Code of Civil Procedure, 1908, defines the word “judgment.” A judgment includes the facts of the case, the issues at hand, the evidence presented by the parties, and the conclusions reached on those issues (based on evidence and arguments). A review of the pleadings, questions, findings on each subject, the ratio decided, and the relief granted by the court must be included in any judgment. Regularly, a large number of decisions are made and cases are resolved. Judgments are crucial to the functioning of our justice system because they serve as precedents for cases that will be heard shortly. A judge will always state the reasons for his or her decision in the judgment.

Essential of the Judgment

Judgment other than that court of small causes

  1. A concise statement of the case
  2. The points for the determination
  3. The decision thereon
  4. The reason for such a decision

Judgment of a court of small cases

  1. The points for determination
  2. The decision thereon

Judgment to be signed and dated (Rules 3)

The judgment is signed and dated by the Judge at the moment of pronouncement in the open court.

Pronouncement of a judgment

Making an official public statement is what the word “proclamation” means. After the trial is concluded, i.e., after the Court has heard the parties’ pleadings, the Judges shall pronounce the judgment in an open Court, either at the time of the hearing or at a later date, after giving due notice to the parties or their learned counsels.

If a judgment is not rendered immediately, it must be rendered within 30 days of the close of the hearing. However, owing to unusual and uncommon circumstances such as a bank holiday, strike, or another occurrence, it must be delivered within 60 days of the end of the hearing. A judge doesn’t need to read the entire judgment; it is sufficient if only the final order is read. Along with his signature, the judge must include the date the judgment was given. Rule 2 Order xx of the Code of Civil Procedure, 1908 provides a judge with the right to pronounce the judgment that is already written but is not pronounced by his predecessor.

After the Amendment Act of 1976, the time-bound was provided between the hearing of the arguments and the pronouncement of the decision. Before this amendment, no time bound was provided as such. Such a time limit was provided because there was until further notice continuous imposition from all over India.

Copy of the judgment

Following the pronouncement of the judgment, copies of that particular judgment should be made immediately available to the parties upon payment of costs as stated by the party applying for such copy, as well as any other charges as may be specified in the High Court’s rules and orders (H.C.) The order xx rule 6-b of the CPC, 1908, establishes such a rule.

Contents of the judgment 

1908, according to CPC rule 4 order xx. A judgment of a Court of Small Causes is appropriate if it contains the points to be decided as well as the verdict. Certain Courts’ judgments must include the following:

  1. A clear statement of the case in the form of a summary of the pleadings;
  2. Issues that need to be decided on;
  3. Findings on each question, as well as a decision;
  4. Ratio decedent (reasons for making a particular decision); and
  5. The cure is the relief that has been granted.

Alteration of a judgment

Once a judgment is dated and signed by the judge it can only be altered or amended if

  • There are arithmetical or clerical errors. (Clerical errors refer to the errors completed by clerks and arithmetical errors refer to errors made in numbers such as addition, subtraction, multiplication, and division).
  • There are errors due to unintended slips or omissions (these errors take place when some important element is left unnoticed) (section 152) on review (Section 144).

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