Judgement in CPC
Judgment under CPC
What is a Judgment?
A Judgment is the official decision given by a court at the end of a civil suit or proceeding.
It is the pronouncement by the judge regarding the rights and liabilities of the parties based on the evidence and submissions.
The judgment essentially decides the controversy between the parties.
Definition of Judgment (Section 2(9) CPC)
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.
In simple words, a judgment is a reasoned decision explaining why the court has granted or refused relief.
Difference Between Judgment, Decree, and Order
| Term | Meaning | Nature |
|---|---|---|
| Judgment | Reasoned statement of the court explaining the decision | Explains the grounds |
| Decree | Formal expression of the court’s decision which conclusively determines the rights of the parties | Usually follows judgment |
| Order | Any direction of the court which does not decide the suit completely | Interim or final, but not decree |
A judgment explains the rationale behind the decision.
A decree is the formal outcome (e.g., “Plaintiff is entitled to Rs. 1 lakh”).
An order deals with procedural or interim matters.
Contents of a Judgment
According to judicial standards and practice, a judgment must:
Be in writing (oral pronouncement must be reduced to writing).
State the relevant facts found by the court.
State the contentions of the parties.
Explain the grounds and reasons for the court’s decision.
Specify the relief granted or refused.
Be signed and dated by the judge.
Time for Pronouncing Judgment (Section 9 CPC)
Section 9 of the CPC requires that every suit be decided without undue delay.
Courts must pronounce judgment as soon as possible after hearing the parties.
There is no fixed time limit but undue delay can be challenged as a violation of the right to speedy justice.
Importance of Judgment
Provides clarity and transparency regarding the court’s decision.
Serves as the basis for the decree or order.
Can be appealed or reviewed by higher courts.
Is important for legal certainty and finality in litigation.
Case Law on Judgment under CPC
1. Union of India v. Raghubir Singh, AIR 1989 SC 1111
Held: A judgment must be reasoned and should explain the grounds on which the court’s decision is based.
Principle: The judgment should enable the parties and the appellate court to understand the reasoning.
Observation: A bare or cryptic judgment is not acceptable.
2. State of Madhya Pradesh v. B.K. Verma, AIR 1990 SC 2180
Held: The judgment must deal with all material issues raised in the suit.
Principle: Failure to consider a material issue renders the judgment liable to be set aside.
Importance: Judgment must be comprehensive and cover all relevant facts.
3. S. R. Batra v. Tarun Batra, AIR 2007 SC 788
Held: The requirement of a reasoned judgment is mandatory and vital for the rule of law.
Observation: Every judgment must disclose the facts and law which led the court to the conclusion.
4. Joginder Singh v. Commissioner of Police, AIR 1972 SC 1349
Held: A judgment must be signed and dated by the presiding judge.
Principle: A judgment unsigned or undated is invalid.
5. Ramappa v. State of A.P., AIR 1961 SC 1587
Held: If the court fails to record reasons for its decision, the judgment is liable to be set aside.
Explanation: It violates principles of natural justice and fair trial.
Types of Judgment
Preliminary Judgment: Decides preliminary issues or questions.
Final Judgment: Concludes the suit by deciding all issues.
Interlocutory Judgment: Decides some interim issues but not the whole suit.
Ex Parte Judgment: Passed when one party is absent or does not appear.
Judgment and Decree – Relationship
The judgment gives reasons.
The decree is the formal document granting or refusing relief based on judgment.
A decree without a judgment (or with an insufficient judgment) may be challenged.
Summary
| Aspect | Explanation |
|---|---|
| Definition | Reasoned decision explaining the grounds of decree or order |
| Legal Provision | Section 2(9) CPC |
| Contents | Facts, issues, reasons, relief, signature, and date |
| Time to Pronounce | As soon as possible, without undue delay (Section 9 CPC) |
| Importance | Basis for decree, transparency, appealability, finality |
| Case Law Highlights | Reasoned judgment mandatory, must deal with all issues |
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