Judgment under CPC; its meaning, essential, etc.

In this article, we are going to discuss the topic Judgment in CPC 1908.

Introduction:-

The court, after the completion of the hearing, either at that moment or one some other day pronounces the judgment. The judgment forms the concluding part of the civil suit and it determines the rights and liabilities of the parties. In the legal world, the judgment given by any court followed by its decree play a vital role to define the scope and limitations of the individual.

Definition of the Judgment: (Section- 2(9):-

“Judgment” means the statement given by a judge on the grounds of a decree or order.

A Judgment may be said to the final decision of the court on the matter before the court in the form of the suit towards the parties and to the world at large by formal pronouncing or delivering it in open court.

Essential of the Judgment:-

1. Judgment other than that of a Court of Small Causes

a. A concise statement of the case;

b. The points for the determination;

c. The decision thereon;

d. The reason for such a decision.

2. Judgment of a Court of Small Causes

a. The points for determination;

b. The decision thereon.

Judgment to be signed and dated (Rule 3):-

The judgment shall be signed and dated by the Judge at the time of pronouncement in the open court.

Copy of the judgment (Order 20 Rule 6B):-

Copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for the preferring an appeal on payment of such fees or charges as may be specified in the rule made by the High Court.

Alteration in Judgment Rule 3:-

A judgment once signed and dated under Rule 3 cannot afterward be amended or altered except-

a. To correct clerical or arithmetical mistakes or errors due to accidental slips or omissions (Section 152);

b. On review (Section 114).

Breaking

6/25/19

Judgment under CPC; its meaning, essential, etc.