Judgement and Decree
📚 JUDGMENT AND DECREE
1. Meaning of Judgment
A Judgment is the pronouncement given by the court which includes the reasons for the decision.
It is the final decision of the court on the issues involved in a suit or appeal.
Section 2(9) of the CPC defines judgment as:
"Judgment" means the statement given by the judge on the grounds of a decree or order.
A judgment typically contains:
The findings of facts.
The conclusions on legal issues.
The reasons and principles on which the court’s decision is based.
2. Meaning of Decree
A Decree is the formal expression of the court's decision which conclusively determines the rights of the parties with regard to the matter in dispute.
Section 2(2) of the CPC defines decree as:
"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 respect to all or any of the matters in controversy in the suit.
Decree can be:
Preliminary decree: Decides some issues but leaves others to be decided later.
Final decree: Decides the entire suit finally.
Partly preliminary and partly final.
A decree is operative and enforceable.
3. Relationship Between Judgment and Decree
The judgment is the reasoned decision given by the court.
The decree is the formal order that embodies the decision.
The judgment explains the "why" and "how" the court reached the conclusion.
The decree orders the relief to be granted or denied.
4. Types of Judgments
Preliminary Judgment: Decides some preliminary points and issues directions.
Final Judgment: Conclusively decides all the issues.
Ex Parte Judgment: Passed when the defendant does not appear.
Consent Judgment: Passed when parties agree to a settlement.
5. Types of Decrees
Preliminary Decree: Decides some parts but leaves the rest.
Final Decree: Decides all issues completely.
Ex Parte Decree: Passed against a party who fails to appear.
Consent Decree: Passed based on mutual agreement.
6. Differences Between Judgment and Decree
| Aspect | Judgment | Decree |
|---|---|---|
| Definition | Reasoned statement of the court's decision | Formal expression of the court’s decision |
| Nature | Explanation and reasons | Operative and enforceable order |
| Contains | Findings of facts and law | Order granting or refusing relief |
| Purpose | To explain the decision | To give effect to the decision |
| Appealability | Judgment is appealed | Decree is executed or challenged |
7. Relevant Case Law
🔹 Satyadhyan Ghosal vs. Deorajin Debi (AIR 1960 SC 941)
The Supreme Court explained that a judgment is the final decision of the court on issues, and the decree is the formal expression of that decision.
Clarified the necessity of judgment for the passing of a decree.
🔹 Ram Kumar vs. Union of India (AIR 1963 SC 449)
The court emphasized that without a proper judgment, there can be no decree.
Judgment forms the basis for the decree.
🔹 Somasundaram Pillai vs. Sattanatha Iyer (AIR 1965 SC 1036)
The Supreme Court explained that a decree must follow a judgment but the judgment does not operate as a decree by itself.
8. Practical Importance
The judgment serves as the foundation for the decree.
The decree is what the court enforces — it is the actionable document.
In appeals, it is the judgment that is usually challenged, not the decree.
Enforcement proceedings proceed on the basis of the decree.
9. Summary
| Point | Judgment | Decree |
|---|---|---|
| Definition | Reasoned decision of the court | Formal, operative order |
| Function | Explains why and how decision is made | Gives effect to judgment |
| Content | Findings on facts and law | Relief granted or refused |
| Enforceability | Not directly enforceable | Enforceable |
| Appeal | Appeals lie against judgment | Decree execution or challenge |
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