All about Judgment and Decree under Order 20 of Civil Procedure Code, 1908 (FAQ)
The Author, Shubham Phophalia is a 3rd year Law student of Gujarat National Law University, Gandhinagar. He is currently interning with LatestLaws.com.
Q.1 What is Judgment ?
A judgment may be said to be the final decision of the court intimated to the parties and to the world at large by formal pronouncement or delivery in open market.
Q.2 Is there a time limit which is prescribed between hearing of arguments and delivery of judgment? Is there any specific manner of pronouncement? What are the ground on which a judgment should be based?The court has to pronounce judgment in open court after completion of hearing, either at that moment or on some other day, after giving due notice to parties or to their pleaders. Before Amendment Act of 1976, no such time limit was specified between hearing of arguments and delivery of judgment but because of persistent demands and as per the suggestion of joint committee, it was provided that if a judgment is not pronounced at once, it should be delivered within thirty days from conclusion of hearing. And if because of exceptional circumstances, if not practicable, then same to be pronounced within sixty days. The judgment must be dated and signed by the judge as Rule 2 enables a judge to pronounce a judgment which is written but not pronounced by his predecessor.
Further small irregularities in the manner of pronouncement or mode of delivery don’t matter a lot but the substance must be present and it should neither be vague nor left to interference or conjecture. In short, it has to be performed in a judicial manner.
Moreover, it has to be based on grounds and points in the pleadings and not outside the case put forward by the parties. Court needs to record findings on all the points raised by parties and it should not decide any question which does not arise from the pleadings of parties or are unnecessary.
Q.3 What are the essential ingredients of judgment? Is the contents of an ordinary judgment different from judgment given by Court of Small Causes?
Judgments other than those of Court of Small Causes should contain:
- A concise statement of case
- Points for determination
- Decision given
- Reasons for such decision
Whereas, the judgments of Court of Small Causes need not contain more than point for determination and decisions thereon and here comes this small difference which needs to be taken into account.
Recording of reasons in support of a judgment may or may not be considered to be one of the principles of natural justice, but it cannot be denied that recording of reasons is one of the safeguards against possible injustice and arbitrariness and affords protection to persons adversely affected. The process of reasoning by which the court came to a particular conclusion and decreed or dismissed the suit should clearly be reflected in the judgment.
Q.4 What is decree? What are the essentials of decree? What are it’s contents?
A decree is a formal expression of an adjudication, conclusively determining the rights of parties with regard to all or any of the matters in controversy in the suit and it may either be preliminary or final. The essential are:
- There must be a judicial determination of matter in dispute.
- Such adjudication must have been done in a suit, by instituting a plaint.
- The adjudication must have determined the rights of parties with regard to substantive as well as procedural rights with regard to all or any of the matters present in controversy in that suit.
- Such determination must be final and conclusive as regards the court which passes it.
- And there has to be a formal expression of such adjudication.
By referring Rule 6, the decree must bear:
- Number of suit
- Names and description of parties and their registered addresses
- Particulars of claim
- Relief granted
- Amount of costs incurred in the suit, and by whom or out of what property and in what proportions they are to be paid.
- Date on which judgment was pronounced
- Signature of the judge.
Q.5 What are the rules of issuing decrees in special cases which are covered under Rules 9-19?
Rule 9 to 19 deal with decrees in particular cases.
- In a suit for recovery of immovable property, the decree shall contain a description of such property sufficient to identify it, e.g. boundaries, survey numbers, etc.
- A decree for delivery of movable property must state the actual amount of money to be paid as an alternative if delivery cannot be had.
- In a decree for payment of money, the court may order that payment of decretal amount shall be postponed or shall be made by installments with or without interests.
- In a suit for recovery of possession of immovable property, the court may pass a decree;
- For possession of property
- For past rents or mesne profits or direct an inquiry as to such rent or mesne profits
- Final decree in respect of rent or mesne profits in accordance with results os such inquiry.
- A decree for specific performance of contract for sale or lease of immovable property shall specify the period within which the purchase money or other sum is to be paid by purchaser or lessee.
- In a suit for an account of any property and for its due administration under the decree of court, before passing a final decree, the court should pass a preliminary decree ordering accounts to be taken and inquiries to be made. Thereafter a final decree shall be passed in accordance with result of preliminary inquiry.
- A decree in a pre-emption suit, where the purchase money has not been paid into court, shall specify a day on or before which the purchase money shall be paid and direct that on payment into court of such purchase money, the defendant shall deliver possession of property to plaintiff, but if payment is not made, the suit shall be dismissed with costs. Where the court has adjudicated upon rival claims to pre-emption, the decree shall direct:
- If the claims decreed are equal in degree, that the claim of each pre-emptor shall take effect proportionately and
- If claims decreed are different in degree, the claim of inferior pre-emptor shall not take effect unless and until the superior pre-emptor has failed to make payment.
- In a suit for dissolution of partnership or taking of partnership accounts, the court before passing a final decree may pass a preliminary decree declaring the proportionate shares of parties, fixing the day on which the partnership shall stand dissolved and directing accounts to be taken and other acts to be done.
- In a suit for accounts between a principal and agent, the court before passing a final decree shall pass a preliminary decree directing the accounts to be taken and it can give special directions regarding mode of taking accounts also.
- In a decree passed in a suit for partition of property or for separate possession of share, if the estate is assessed to the payment of revenue to government, the decree shall declare the rights of several parties interested in that property but shall direct partition or separation to be made by collector and in other cases of immovable property, if separation or partition cannot conveniently be made without further inquiry, the court may pass a preliminary decree declaring the rights of parties in property and giving necessary directions and thereafter a final decree shall be passed.
- A decree where the defendant has been allowed a set off or counterclaim against the claim of plaintiff shall state what amount is due to plaintiff and what amount is due to defendant.
Q.6 What is the exception to the general rule that plaintiff can only sue on such cause of action as having arose on date of institution of suit?
Ans. Rule 12 of Order XX of the Code, makes and exception to the general rule that the plaintiff can only sue on such cause of action as has arisen on the date of institution of the suit. It does away with the necessity of filing a suit for future mesne profits if the court makes a decree providing for future mesne profits. It enables the Court to pass a decree for past and future mesne profits also where a suit if for the possession of immovable property. However, court can make such a decree only for a limited period commencing from the date of the suit till date of any of the three events. The decree holder, if a decree is passed in his favour under the said provisions can have the mesne profits ascertained for the period up to the date the possession of the property is delivered to him or up to the date of relinquishment of possession through court or until expiration of three years from the date of decree.
Q.7 Is any substantive right created to seek rendition of accounts with transactions concerning between principal and an agent?
Ans. No, since it merely refers to a rule of procedure and would apply where there is an existing right to seek rendition of accounts having regard to the relationship between the parties and it is well settled that the right to claim rendition of accounts in an unusual form of relief granted only in certain specific cases and to be claimed when the relationship between the parties is such that the rendition of accounts the only relief which will enable the plaintiff to satisfactorily assert his legal right.
Q.8 Whether certified copy of decree to memorandum of appeal is necessary for the party filing appeal?
Ans. This specific order makes is compulsory for a party filing appeal to annex the certified copy of the decree to the memorandum of appeal.
A reference can be taken of Justice Malimath committee has pointed out that it takes a long time for obtaining certified copy of the decree and thus filing of appeal takes a long time. It is proposed to dispense with annexing certified copy of the decree along with memorandum of appeal and it is also proposed that the whole judgment shall be made available to the parties immediately after the judgment is pronounced.
