JUDGEMENT – DECREE – ORDER In our common usage, most of us use the term “judgment”, but what does it actually refer to? How is it different from a decree or an order? s.2(9) of the Code of Civil Procedure (CPC) defines a judgment. It states that a “judgment” means the statement given by the judge on the grounds of a decree or order. When is a judgment pronounced? S. 33 of the CPC tells us that a Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall f
of 2
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Related Documents
   JUDGEMENT – DECREE – ORDER In our common usage, most of us use the term “judgment”, but what does it actually refer to? How is it different from a decree or an order? s.2(9 of the !odeof !i il #rocedure (!#! defines a judgment. It states that a “judgment” means the statement gi en by the judge on the grounds of a decree or order. $hen is a  judgment %ronounced? &. '' of the !#! tells us that a !ourt, after the case has  been heard, shall %ronounce judgment, and on such judgment a decree shall follow. &.'' indicates that a decree follows a judgment.rom s.2(9, we understand that judgment is the statement of the !ourt on the grounds for ha ing arri ed at a decision. ) ery judgment deli ered by a !ourt to which the !#! a%%lies has to deli er a reasoned judgment. * judgment must contain the following com%onents+. a cris% statement of facts of the case-2. the %oints or issues for determination-'. the decision on such issues and finally. the reasons for such a decisionIs this a mandatory re/uirement? 0es it is, but why? 1here are se eral reasons  based on %ublic interest and %ractical necessities. * judgment is meant to be adhered to by those to whom it a%%lies and such %eo%le ha e a right to now the reasons of the !ourt for holding a %articular %oint of iew. 1his also hel%s them challenge the decision and the reasons for the decision in a higher forum. *gain, when it goes to a higher forum, the a%%ellate forum too has to ha e an o%%ortunity to now the reasons for a decision which %ro es a%%lication of the mind by the 3udge concerned. 4ust a judgment always be %assed on all issues in a case? 5o, the decision or order of a !ourt on a %reliminary issue too is a  judgment. 5ow, let us mo e to “decree”. &.2(2 defines decree to mean the formal e6%ression of an adjudication which, so far as the !ourt e6%ressing it, conclusi ely determines the rights of the %arties with regard to all or any of the matters in contro ersy in the suit and may be either %reliminary or final. “ormal e6%ression” means the recordation of the ruling of the !ourt on the matter  %resented before it- “so far as the !ourt e6%ressing it” alludes to the fact that the same issue cannot be adjudicated by or before the !ourt again but only before a higher forum i.e. an a%%ellate forum ($e shall discuss “re iew” of a decree in a later %ost. $hat is the starting %oint for a decree? It is the initiation of a suit from a %laint. 7nly a %laint may lead to a decree unless otherwise re/uired by certain statutes under which an a%%lication is treated as a suit. 8nder 7rder 2, :ule ; a decree must be drawn se%arately after a judgment. It must be understoodthat no matter what a %articular document is ostensibly referred to as, if it starts with a %laint in a suit and fulfils the re/uirements of a decree, it shall be a decree.  Contd….P.2 1he !ode recognises certain categories of “deemed decrees”. * deemed decree isone which, though not fulfilling the essential features of a decree as re/uired by the !ode, has been e6%ressly categorised as a decree by the legislature. 1he rejection of a %laint and the determination of /uestions under s. are “deemed decrees”. 7nly those rejections which are authorised by the !#! may be termed as decrees. $hat this means is an a%%eal may lie from the rejection of a %laint for a decree has been %assed. *lternately, the !ode does not bar remedying the situation by %resenting a fresh %laint.1he difference between a %reliminary and final decree though fairly straightforward has been the subject matter of debate. * final decree here means dis%osal of the suit- if a decree has been %assed but the suit has not been com%letely dis%osed off, then the decree is a %reliminary one. * %reliminary decree is usually %assed where the !ourt waits for the situation to mature itself toa stage where a final decree may be %assed. It is usually %assed in suits for  %ossession and mesne %rofits, suits for %re<em%tion etc.How is a decree different from an order? $hat is an order? &.2( defines order to mean the formal e6%ression of any decision of a !ourt which is not a decree. 1he starting %oint for an order need not always be a %laint, it may be an a%%lication or %etition. 1hough being a formal e6%ression, it follows that an order need not   conclusi ely determine the rights of %arties on any matter in dis%ute. Howe er, it may relate to the matters in contro ersy. 1here may be a %reliminary decree, but not a %reliminary order. ) ery decree is a%%ealable but e ery order is not. 7nly orders under s. are a%%ealable. *gain, a second a%%eal lies to the High !ourt from a first a%%eal, but there is no second a%%eal from a%%ealable orders.
Related Search
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks