Judgment: Definition, Essentials, Pronouncement, Contents, and Alteration
A judgement in CPC serves as the official pronouncement of the court’s decision,
encapsulating the resolution of the case’s issues and the reasons behind the verdict. The
judgement establishes legal precedent, guiding future cases and contributing to the evolution
of jurisprudence.
Furthermore, it is the foundation for the issuance of a decree, which enforces the court’s
decision. Through its comprehensive content, judgement in CPC ensures transparency,
fairness and consistency in the legal system, playing a pivotal role in upholding the rule of
law and providing a basis for the resolution of disputes in civil matters.
The word ‘judgement’ is derived after combining two words namely, judge and
statement. It can also be termed as an act of judging. It is the conclusion or the result of
judging. On the other hand, the term decree can be termed as the judicial decision in a
litigated cause rendered by a Court of equity. It is the determination of a cause in a Court of
admiralty or Court of probate. The Court, after the case has been. heard, shall pronounce
judgement, and on such judgement a decree shall follow. Section 33 of the Code of Civil
Procedure describes the term ‘Judgement and Decree’ together.
Definition of Judgement in CPC
A judgement is a decision made by a court, as explained in Section 2(9) of the Code of Civil
Procedure, 1908. It includes details about the case, such as the facts, issues, evidence
presented by both parties and the court’s findings on the issues based on the evidence and
arguments. Every judgement in CPC must include a summary of the case’s main points, the
court’s decisions on each issue, the legal reasoning (ratio decidendi) and the relief granted by
the court.
Courts announce judgements regularly, resolving various cases. These judgements are crucial
in our legal system because they set examples for future cases. When a judge delivers a
judgement, they always provide the reasons behind their decision.
Judgment means the statement given by the judge on the ground of a decree or order.
A judgment is said to be the final decision of the court on the said matter before the court in
the form of suit towards parties and to the world at large by formal pronouncement in open
court. Order 20, Rule 4(2) says that a judgment shall contain a concise statement of the case,
the points for determination, the decision thereon and all the reasons for such decision.
Judgment: The court, after the case has been heard, shall pronounce judgment in open court
either at once or as soon thereafter as may be practicable, on some future day and when the
judgment is to be pronounced on some future day, the court shall fix a day for the purpose of
which due notice shall be given to the parties or their pleaders. It is not necessary that the
court shall read out the whole judgment but may only pronounce the result of the case or read
the operative portion of the judgment. The judge is not expected to write his judgment before
the finishing of the entire evidence and hearing the arguments of counsel and if he does so he
commits a gross irregularity in the trial of the case as mention in Mst. Kaushilya v. Arat Lal.
1933.
The court after the case has been heard shall pronounce judgment in an open court, either at
once or as soon thereafter as may be practicable and when the judgment is to be pronounced
on some future day, the Court shall fix a day for that purpose, of which due notice shall be
given to the parties or their pleaders.
Provided that when the judgment is not pronounced at once, every endeavour shall be made
by the Court to pronounce the judgment within thirty days from the date on which the hearing
of the case was concluded but where it is not practicable so to do on the ground of the
exceptional and extraordinary circumstances of the case, the Court shall fix a future day for
the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty
days from the date on which the hearing of the case was concluded, and due notice of the day
so fixed shall be given to the parties or their pleaders.
Where a written judgment is to be pronounced, it shall be sufficient if the findings of the court
on each issue and the final order passed in the case are read out and it shall not be necessary
for the court to read out the whole judgment.
The judgment may be pronounced by dictation in open court to a shorthand-writer if the judge
is specially empowered by the High Court in this behalf: Provided that where the judgment is
pronounced by dictation in open court, the transcript of the judgment so pronounced shall,
after making such correction as may be necessary, be signed by the Judge, bear the date on
which it was pronounced, and form a part of the record. A Judge shall pronounce a judgment
written but not pronounced by his predecessor.
Essential of the Judgment:
1. Judgment other than that of a Court of Small Causes
A concise statement of the case;
The points for the determination;
The decision thereon;
The reason for such a decision.
2. Judgment of a Court of Small Causes
The points for determination;
The decision thereon.
Pronouncement of a Judgement in CPC
The term “pronouncement” means officially making something public. When we talk about
the pronouncement of a judgement, it refers to the official announcement of a decision by the
court. This occurs after the completion of a hearing, where the court has listened to the
arguments of the parties involved. The judges declare the judgement in CPC in an open court
either immediately or on a later date, with prior notice to the parties or their legal
representatives.
If a judgement under CPC is not immediately pronounced, it must be declared within 30 days
from the date the hearing concludes. However, in exceptional circumstances like bank
holidays or strikes, this period may extend to 60 days. It is not mandatory for a judge to read
the entire judgement; announcing the final decision is sufficient. The judge indicates the
date of pronouncement and signs the judgement. Rule 2 of Order XX of the Code of
Civil Procedure, 1908 allows a judge to pronounce a judgement that is already written but
not announced by their predecessor.
The 1976 Amendment Act introduced a time limit between the conclusion of arguments and
the pronouncement of judgement in CPC. Before this amendment, there was no specific time
limit. This change was made in response to continuous demands from across India for a
defined timeframe in the judicial process.
Copy of the Judgement under CPC
After a judgement is announced under the Code of Civil Procedure copies of the judgement
are promptly provided to the involved parties. The party requesting a copy needs to pay the
specified costs, as outlined in Order XX Rule 6-B of the CPC.
The charges are determined by the rules and orders set by the High Court. This ensures that
parties can obtain copies of the judgement by following the procedures and covering the
associated costs as stipulated by the court.
Contents of the Judgement
As per Rule 4 of Order XX in the Code of Civil Procedure, 1908, judgements from Small
Causes Courts are considered sufficient if they include the points to be determined and the
corresponding decisions. For judgements from other courts, the following elements should be
included:
Summary of the pleadings: A brief statement outlining the case.
Issues: Clearly defined points that are subject to determination.
Findings on each issue: The court’s conclusions regarding each point in question.
Ratio decidendi: The reasons behind the court’s decision.
The remedy: Details about the relief granted by the court.
These components of judgement in CPC ensure a comprehensive and clear presentation of the
court’s decision-making process and the outcome of the case.
Judgement to be Signed
According to the law, a judgement in CPC must be dated and signed by the Judge in open
court at the time of pronouncing it. Once signed, it cannot be altered or added to, except as
allowed by Section 152 or on review.
In the case of Balgees Begum v. Govt. of A. P. (AIR 1994 A.P. 316), the Andhra Pradesh
High Court clarified that Rules 1, 2 and 3 of Order XX suggest that a judgement is considered
valid, effective and operative once it is dictated and pronounced by the judge in open court,
even if the judge passes away before signing it. This underscores the significance of the
pronouncement itself in establishing the validity of a judgement in CPC.
Judgement of Small Cause Courts
For Small Causes Courts, a judgement under CPC needs only to include the points for
determination and the decision on those points.
Judgement Contents for Other Courts (Rule 4):
For courts other than Small Causes Courts, the judgement in CPC must include:
A concise statement of the case,
The points for determination,
The decision on those points,
The reasons for the decision,
The relief granted.
In the case of Alok Kumar v. S.N. Sharma (AIR 1968 SC 453): Judges should use
dignified and restrained language, especially when criticising other judges or subordinate
courts. Making remarks against the character of someone not involved in the proceedings is
not advisable.
In A. M. Mathur v. Pramod Kumar (AIR 1990 SC 1737): No disparaging or defamatory
remarks should be made against any party or person.
In Atar Singh v. District Judge Jhansi (AIR 1994 All 295): Even an ex parte decree must
meet the requirements of a judgement as outlined in Order XX, Rule 4. An ex parte decree
without reasons is not considered a judgement under in CPC.
Court’s Decision on Each Issue (Order XX, Rule 5):
In suits with framed issues, the court must state its decision, along with reasons, for each
separate issue unless the finding on one or more issues is enough to decide the entire suit.
Alteration of a Judgement in CPC
If a judgement has been dated and signed by the judge, changes or corrections can only be
made under certain circumstances:
Arithmetical or Clerical Errors:
Changes can be made if there are mistakes in calculations (arithmetical errors) or errors made
by clerks (clerical errors). These are errors in numbers, like adding up figures or other basic
mathematical errors.
Errors Due to Accidental Slips or Omissions:
Amendments are allowed for errors resulting from accidental slips or omissions. These occur
when something crucial is unintentionally overlooked. This provision is outlined in Section
152. Additionally, the judgement in CPC can be reviewed under Section 114 if necessary.
In essence, alterations to a judgement are permitted for minor mistakes in numbers or clerical
work and for accidental oversights in essential details. This is in accordance with Sections
152 and 114 of the CPC.
In Surendra Singh v. State of U.P. AIR 1954 SC 194. Justice Vivian Bose defined a
judgment as "the final decision of the court intimated to the parties and to the world at large
by formal 'pronouncement' or 'delivery' in open court."
Balgees Begum v. Govt. of A. P., AIR 1994 A.P. 316., A. P. High Court said that “From a
joint reading of the provision of the rules 1, 2 and 3 of Order XX it appears to be clear that
once the judgment is dictated and pronounce by the judge in open Court after hearing the
argument in the presence of the Counsel, is a valid, effective and operative judgment even
though the learned judge dies before signing the same.
Alok Kumar v. S.N. Sharma, AIR 1968 SC 453., Where a Judge is inclined to criticise other
Judges or subordinate Court, the 'language to be used should be dignified' and restrained.
While deciding a case, it is not desirable on the part of the Judges to make remarks against the
character of a person who is neither a party nor the witness in the proceedings before them.
Atar Singh v. District Judge Jhansi AIR 1994 All [Link] H. C. said,” Even an ex
parte decree must satisfy the requirements of a judgment as provided in Order XX, Rule 4. Ex
parte decree unsupported by reasons is not a judgment.
R.C. Sharma v. Union of India, AIR 1976 SC 2037 In order to avoid inordinate delay in the
delivery of the judgments after the conclusion of the hearing of cases a time limit for the same
has been fixed. If the judgment is not pronounced at once after the case has been heard, every
effort is to be made by the court to pronounce the judgment within 30 days from the date on
which the hearing of the case was concluded. However, if it is not practicable to do so on the
ground of "exceptional and extraordinary circumstances" of the case, the court shall fix a
future day for the pronouncement of the judgment and such day shall not ordinarily be
beyond sixty (60) days from the date on which the hearing of the case was concluded.
In Vinod Kumar Singh v. Bananas Hindu University, AIR 1988 SC 371. In this case High
Court of Allahabad pronounced a judgment in a writ petition in favour of the appellant but the
judgment was not signed. Thereafter the case was posted for further hearing and finally
dismissed. On the question of the legality of the dismissal the Supreme Court, setting aside
the order laid down the following guidelines regarding correction in judgments:
(i) Under Order 20, Rule 3 in a judgment which has not been signed alteration and
additions can be made. Where it has been pronounced and signed alterations are
permissible only under Sections 114, 151 and 152.
(ii) But even under Order 20, Rule 3, the power should be exercised sparingly and for
good reasons.
(iii) When the judgment has been pronounced it becomes operative and signature is not
necessary except in exceptional cases such as:
(a) where a judgment is dictated in court and counsel brings to the notice of the
court some feature or where the court itself discovers such a feature from the
record. In such a case, the court may direct the case to be reheard and that the
judgment just delivered would not be effective;
(b) a court discovers a feature which should have been taken into account when
the judgment is to be signed. In such a case also, the court may set down the
case for further hearing and the court shall give reasons why the judgment
already delivered would be operative.
Where a Judge has vacated office after pronouncing and dictating the judgment but without
signing it, the question is whether a successor Judge can sign it? The Bombay High Court
answered this question in Darayas Cawasji Balsara v. Shenaz Darayas Balsara AIR 1992 Born
175. and held that a successor Judge is entitled to sign the judgment on behalf of the Judge
who dictated it in open court and direct the Registrar to prepare the decree.
Anil Rai v. State of Bihar AIR 2001 SC 3173. In this case after the conclusion of arguments
by the counsels, the judgment was reserved by the court which was pronounced after two
years. The court observed: "In a country like ours where people consider the Judges, second
to God, efforts are made to strengthen that belief of the common man. Delay in disposal of
cases facilitates the people to raise eyebrows, sometimes genuinely which, if not checked,
may stake the confidence of the people in judicial system."
The Supreme Court of India held in Balraj Taneja v. Sunil Madan AIR 1999 SC 3381 that-
1. A judge cannot merely say "suit decreed" or "suit dismissed". The whole process of
reasoning has to be set out for deciding the case one way or the other.
2. A judgment must be based on the grounds and points in the pleadings and not outside the
case put forward by the parties in their pleadings. Further, it should not decide any question
which does not arise from the pleadings of the parties or is unnecessary.
3. Again, the language of the judgment should be dignified and restrained. It should not
contain intemperate comments, undignified banter or scathing criticism of counsel, parties or
witnesses.
4. It is a general principle of highest importance to the proper administration of justice that
derogatory remarks ought not to be made against persons or authorities whose conduct comes
into consideration unless it is absolutely necessary for the decision of the case.