JUDGMENT AND DECREE (ORDER XX)

SUBMITTED BY: SUBMITTED TO:

VAIBHAV SHUKLA

ROLL NO: 1392

4TH YEAR, (2015-2020) FACULTY OF CPC

SUBMITTED IN FULFILMENT OF PROJECT FOR THE SUBJECT OF CODE OF CIVIL

PROCEDURE

CHANAKYA NATIONAL LAW UNIVERSITY

PATNA
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ACKNOWLEDGMENT

Writing a project is one of the most significant academic challenges, I have ever faced. Though
this project has been presented by me but there are many people who remained in veil, who gave
their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher ……………….without the kind support of
whom and help the completion of the project was a herculean task for me.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

Vaibhav Shukla

Roll no: 1392.

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TABLE OF CONTENTS

Acknowledgment ............................................................................................................................ 2
1. Introduction ............................................................................................................................. 4
2. Judgment .................................................................................................................................. 6
3. Decree .................................................................................................................................... 15
4. Distinction Between Judgment and decree ............................................................................ 21
5. Conclusion ............................................................................................................................. 23
Bibliography ................................................................................................................................. 24
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1. INTRODUCTION

The judgment forms the concluding part of the civil suit and it determines the rights and
liabilities of the parties. Basically judgment is followed by a decree which is its operating part.
Historically, there was the distinction between judgment and decree. Common Law adheres to
the judgment while the Equity Court of Law deals with the decree. But later on Judicature Act
was passed in U.K. which merged the distinction between judgment and decree. In U.S. also,
distinction between judgment and decree has lost its relevance but in India, the distinction
between judgment and decree has still maintain its position from the initiation of the old Code of
Civil Procedure, 1859. The present Code of Civil Procedure, 1908 also recognizes this
distinction.

In this legal world, judgment given by any court followed by its decree play an important role to
define the scope and limitations of any individual. Apart from the statutory rules and regulations,
one also has to adhere to the decision given by the court to keep oneself away from the clutches
of the court room drama. Daily various judgments are pronounced and decree following it took
place in the courts of our country. Various civil cases are also being disposed off each working
day. These judgments are important as they act as precedents for future declarations, so it is very
necessary that they stick to the judicial reasoning without bringing their own discretionary power
blindly. After so many judgments and backing it up with the decree also, certain issues do arises
which tends to confuse us. Civil Procedure Code, 1908 has been drafted very nicely but then also
certain loopholes are there providing leeway for the creeping of unnecessary elements. As no law
seems to perfect for us but then also effort should be made to take them somewhere close to the
shell of perfectness.

Decree is the operating part of the judgment and it has to be in harmony with the judgment.
Section 33 of the Civil Procedure Code, 1908 says decree is followed by the judgment. Under the
Civil Procedure Code, 1908 (hereinafter referred as C.P.C.) judgment and decree has been
defined in the section 2 of the C.P.C. and provisions related to it are given in the Order 20 of this
Act. Certain specific issues arise while dealing with this Order such as the time frame for the
pronouncement of the judgment; power to amend the decree; reasons for each decision etc.
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AIMS AND OBJECTIVES

The researcher aims to study the provisions regarding judgment and decree in CPC. The
researcher also aims to find the differences between judgment and decree through a detailed
study of case laws. The researcher thus aims to pursue an analytical and comparative study of the
given theme.

RESEARCH QUESTIONS

What is judgment?

What is decree?

Is there any difference between judgment and decree?

Are they interrelated?

RESEARCH METHODOLOGY

The researcher has pursued a doctrinal study of the theme.

Sources of Data

For the purpose of this research, the researcher has relied upon both primary sources of data as
well as secondary sources of data.

Primary Sources: Cases, Acts, Legislations, manuscript etc.

Secondary Sources: Websites, Newspapers, Magazines, Books etc.

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2. JUDGMENT

Under Section 2(9) of the Code of Civil Procedure “judgment” means the statement given by the
judge on the grounds of a decree or order. In the words of Vivian Bose, J., a judgment may be
said to be “the final decision of the court intimated to the parties and to the world at large by
formal ‘pronouncement’ or ‘delivery’ in open court”.1

In its broadest sense a judgment is the decision or sentence of the law given by a court of justice
or other competent tribunal as a result of proceedings instituted therein, or the final consideration
and determination of a court on matters submitted to it in an action or proceeding, whether or not
execution follows thereon. More particularly it is a judicial determination that, on matters
submitted to a court for decision, a legal duty or liability does or does not exist, or that, with
respect to a claim in suit, no cause of action exists or that no defence exists. In a broader sense
here defined, a decision of any court is a judgment. In a narrower sense the term “judgment” is
limited to a decision of a court of law. Under most codes of procedure, judgments are defined in
substance as the final determination of the rights of the parties in an action or proceedings. A
judgment is the judicial act of a Court by which it accomplishes the purposes of its creation. It is
a judicial declaration by which the issues are settled and the rights and liabilities of the parties
are fixed as to the matters submitted for decision. In other words, a judgment is the end of the
law; its rendition is the object for which jurisdiction is conferred and exercised, and it is the
power by means of which a liability is enforced against the debtor’s property. A judgment
constitutes the considered opinion of the court and is a solemn record and formal expression and
evidence of the actual decision of a law-suit.

As a general rule, courts are not constituted for the purpose of making advisory decrees or
resolving academic disputes. A proceeding seeking an advisory opinion or judgment will not find
favour at the hand of the judiciary. A mere advisory opinion upon an abstract question is
obviously not a judgment at all when no parties are to be bound, and the rights of no one are
directly affected.

1
Surendra Singh v. State of U.P., AIR 1954 SC 194
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Pronouncement of judgment

Crystallizing judge’s intention into a formal shape in an open court leads the judgment to its final
destination. Rule 1 of Order 20 deals with the pronouncement of judgment. It talks of specific
time frame for the declaration of the judgment in the open court. But there was no time limit
prescribed for the pronouncement of judgment prior to the amendment in 1976 which led to a
persistent demand all over India for the imposition of a reasonable time frame for the declaration
of judgment after the hearing of the case gets over. In this regard, observation of the Supreme
Court in R.C. Sharma v. Union of India2 is worth noting;

“The Civil Procedure Code does not provide a time limit for the period between the hearing of
arguments and the delivery of a judgment. Nevertheless, we think that an unreasonable delay
between hearing of arguments and delivery of a judgment, unless explained by exceptional or
extraordinary circumstances, is highly undesirable even when written arguments are submitted. It
is not unlikely that some points which the litigant considers important may have escaped notice.
But, what is more important is the litigants must have complete confidence in the results of
litigation. This confidence tends to be shaken if there is excessive delay between hearing of
arguments and delivery of judgments. Justice, as we have often observed, must not only be done
but must manifestly appear to be done.”

Accordingly amendment was introduced providing a time limit for the declaration of the
judgment. If it is not possible to pronounce the judgment at once, it should be declared within
thirty days from the day of conclusion of the hearing and in case some extreme situation arises
then the provision is also there to extend this declaration of pronouncement till the sixtieth day
from the conclusion of hearing. Thus judge have a discretionary power for the pronouncement of
judgment for these sixty days but after that declaration becomes mandatory on the part of the
judge.

But what happens if the judgment is not pronounced within sixty days also. Supreme Court has
strongly deprecated the action of the High Court in the case of Anil Rai v. State of Bihar3, where
the judgment was pronounced after two years.

2
AIR 1976 SC 2037
3
AIR 2001 SC 3173
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Remarks of the honourable court in this case are just next to the truth and are worth noting down:

1. The Constitution did not provide anything when High Court judges do not pronounce
judgments after lapse of several months presumably because the architects of the Constitution
believed that no High Court judge would cause long and distressing delays. Such expectation of
the makers of the Constitution remained faultless during the early period of the post Constitution
years. But unfortunately, the later years have shown slackness on the part of a few judges of the
superior Courts in India with the result that the records remain consigned to hibernation. Judges
themselves normally forget the details of the facts and niceties of the legal points advanced.
Sometimes the interval is so long that the judges forget even the fact that such a case is pending
with them expecting judicial verdict.

2. This confidence tends to be shaken if there is excessive delay between hearing of arguments
and delivery of judgments. A long delay in delivering the judgment gives rise to unnecessary
speculation in the minds of parties to a case.

3. Excessive delay is not only against the provisions of law but in fact infringes the right of
personal liberty guaranteed by Article 21 of the Constitution of India. Any procedure or course
of action which does not ensure a reasonable quick adjudication has been termed to be unjust.

4. Justice should not only be done but should also appear to have been done. Similarly whereas
justice delayed is justice denied, justice withheld is even worst than that.

5. In a country like ours where people consider the judges only second to God, efforts be made to
strengthen that belief of the common man. Delay in disposal of the cases facilitates the people to
raise eye-brows, some time genuinely which, if not checked, may shake the confidence of the
people in the judicial system.

Thus declaration of judgment within reasonable time is highly inevitable. In order to raise the
standard of the court in this regard certain guidelines has also been given in the Anil Rai’s case.
These guidelines are given below:

1. The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a
case where the judgment is reserved and is pronounced later, the judgment and date of
pronouncing it be separately mentioned by the Court officer concerned.
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2. The Chief Justices of the High Courts should direct the Court Officers/Readers of the various
Benches in the High Courts to furnish every month the list of cases in the matters where the
judgments reserved are not pronounced within the period of that month.

3. On noticing that after conclusion of the arguments the judgment is not pronounced within a
period of two months, the concerned Chief Justice shall draw the attention of the Bench
concerned to the pending matter.

4. Where a judgment is not pronounced within three months, from the date of reserving it, any of
the parties in the case is permitted to file an application in the High Court with prayer for early
judgment. Such application, as and when filed, shall be listed before the Bench concerned within
two days excluding the intervening holidays.

5. If the judgment, for any reason, is not pronounced within a period of six months, any of the
parties of the said list shall be entitled to move an application before the Chief Justice of the
High Court with a prayer to withdraw the said case and to make it over to any other bench for
fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order
as he deems fit in the circumstances.

Contents of the judgment

In the preparation and delivery of judgement the attention of the Civil Courts is drawn to the
following directions:

(1) The judgment should be written either in the language of the Court, or in English:

(2) When a judgment is not written by the Presiding Officer with his hand, every page of such
judgment shall be signed by him;

(3) It should be pronounced in open Court after it has been written and signed;

(4) It should be dated and signed in open Court at the time of being pronounced and when once
signed shall not afterwards be altered or added to, save as provided by Section 152 or on review;
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(5) If it is judgment of any Court other than a Court of Small Causes, it should contain a concise
statement of the case; the points for determination the decision thereon and the reasons for such
decision;

(6) If it is the judgment of a Court of Small Causes, it should contain the points for determination
and the decision thereupon.

(7) It should contain the direction of the Court as to costs; and

(8) All the paragraphs of the judgment should be serially numbered to facilitate references.

(9) The judgment should be pronounced as soon as possible after the case has been heard. Where
it is desired to pronounce at some future date, the Court shall fix a day for that purpose and
inform the parties accordingly. Every endeavour shall be made by the Court to pronounce the
judgment within fifteen days from the date on which the hearing of the case was concluded, but
where it is not practicable so to do, the Court should make all efforts to pronounce it within thirty
days, otherwise the Court shall record the reasons for such delay and shall fix a future day on
which this judgment will be pronounced and due notice of the day so fixed shall be given to the
parties or their pleaders.

(10) The Judge need not read out the full judgment. He can pronounce only the final orders.
However, the copy of the whole judgment is to be made available for the perusal of the parties or
their pleaders immediately after judgment is pronounced.

(11) 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 and is to be dated and signed by
the Judge.

(12) In appealable cases, where the parties are not represented by their pleaders, the Court should
inform the parties present in Court as to the Court to which an appeal lies and the period of
limitation for the filing of such appeal and place on record the information so give to the parties.

(13) The last paragraph of the judgment shall state in precise terms the relief which has been
granted by such judgment.
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(14) The type written copies of judgment may be delivered to the parties applying for such
copies after making the requisite payments thereof.

(15) Rules regulating the preparation and supply of certified copies of type-written judgments in
civil cases by Courts provided with stenographers/steno typist are given in schedule.

Alteration of Judgment

Before the pronouncement of judgment, every right is with the judge to change his mind but the
dilemma arises in the situation when judgment has been declared in the open court and after that
something strikes to the judge which prompts him to alter the judgment; so the question arises
will the changed mind frame should be given prevalence over the old decision or old should be
preserved from the new one? Rule 3 of Order 20 of C.P.C. provides that a judgment once signed
cannot be amended or altered afterwards except-

i. to correct clerical or arithmetical mistakes or errors due to accidental slips or omissions as

mentioned in section 152 of the C.P.C. or

ii. on review as mentioned in section 114 of the C.P.C

According to Allahabad High Court in Sangam Lal v. Rent Control and Eviction Officer4, a
judgment dictated in an open court can be changed, even completely, before it is signed provided
notice is given to all parties concerned and they are heard before the change is made. Reasoning
given for this judgment was that they do not want to construe the rules too technically as they are
indeed rules to further the ends of justice; so they should not be viewed too narrowly.

This view of the Allahabad High Court was also accepted by the Delhi High Court in the case of
Ram Ralaya v. The Official Receiver.5 But the Gujarat High Court disagreed with this view and
was of the opinion that once a judgment has been pronounced or delivered in an open court,
though formal corrections may be made before the judge signs it, the core of it cannot be altered
or changed so as to modify the order or amend or even set it at naught.

4
AIR 1966 All 221
5
AIR 1976 Del 172
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Basically judgment is the final decision of the court intimated to the parties and to the world at
the large in an open court. This declaration is the intention of the mindset of the court after going
through the tedious process of the wholesome hearing. This intention of the court is the final
operative decision of the court which constitutes the decision.

Regarding this, the Gujarat High Court in the case of Ishwarbhai6 mentions some worthwhile
remarks.

It says that, “as soon as the judgment is delivered, that becomes the operative pronouncement of
the Court. The law then provides for the manner in which it is to be authenticated and made
certain. The rules regarding this differ but they do not form the essence of the matter and if there
is any irregularity in carrying them out it is curable. Thus, if a judgment happens not to be signed
and is inadvertently consequent on acted on and executed, the proceedings consequent on it
would be valid because the judgment, if it can be shown to have been validly delivered, would
stand good despite defects in the mode of this subsequent authentication”.

The court can do some formal corrections but the core of it cannot be altered or changed so as to
modify the order or amend or even set at naught the same. That can be done only by the Court in
appeal or in revision. Even with the consent or agreement of the parties also, a judgment cannot
be altered or amended. Allowing alteration before signing of judgment but after declaration in
the open court raises doubt regarding the sanctity of the judgment.

Reasoning for decision

Before starting anything, it is very necessary to lay down the ground; before judging also
something, it is quite crucial to have full facts before it and then take out the relevant portions to
make a concise statement of the case. Thus, a judgment should inaugurate with the facts of the
case in brief.

Rule 4(2) of Order 20 of C.P.C. states that apart from the judgment of Small Cause Courts,
judgments of all other Courts shall contain a concise statement of the case; the points for
determination; the decision thereon; and the reasons for such decision.
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Thus after laying down the facts, facts in issue should be settled by bringing out the claims which
are disputed between both the parties; thus issues should be framed. Framing of issues should be
done via Rule 1 of Order 14 of C.P.C.

Now after issues are framed, points for determination come into picture and for determining
those points, need for extra force is required. It is not possible to cruise through the disputed
facts in the absence of any peaceful land. In order to satisfactorily reach on a judicial
determination of a disputed claim where substantial questions of law or fact arise, it has to be
supported by the most cogent reasons; a mere order deciding the matter in dispute without any
reasoning is no judgment at all Power of reasoning is needed to back up the decision on each
issue given by the court under Rule 5 of Order 20 of this Code. Rule 2 of Order 14 of C.P.C.
provides judgment to be given on all the issues that has arisen in the given case. Rule 1 of the
same Order provides for framing of issues with the object of keeping the various points arising
for decision separate and distinct and to avoid the confusion later on.

As per Rule 5 of Order 20 of C.P.C. court has to state its decision with reasons on each issue
separately unless the finding upon any one or more of the issues is sufficient for the decision of
the suit. But Rule 2 of Order 14 of C.P.C. requires that a court should decide on all issues even if
the case can be decided by settling few issues only except where a pure question of law relating
to jurisdiction or bar to suit is involved. Further with the addition of an explanation to Rule 22 of
Order 41 of C.P.C. which empowers a respondent in appeal to file cross objection in respect of
findings against him in a decree notwithstanding that by reason of the decision of the court on
any other finding which is sufficient for the decision of the suit the decree is wholly or in part in
favour of the respondent, the intention of the legislature is clear that the court will now have to
decide and state its findings on all the issues even if it considers that finding for one or only few
issues is sufficient for the disposal of the case. Thus in order to have a harmonious construction
of all these rules, it would be judicial to amend the Rule 5 of Order 20 of C.P.C. by omission of
the words unless the finding upon any one or more of the issues is sufficient for the decision of
the suit at the end . Moreover, principle of res-judicata operates after the determination of the
case; so in case if judgment is not given by deciding all the issues then problem can erupt in
future whether the rule of res-judicata will operate or not for that particular issue.
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There is ambiguity whether recording of reasons for each issue is one of the principle of natural
justice or not but it is inevitable for providing safeguard against possible injustice and
arbitrariness and provides protection to the person adversely affected

The court must decide all the issues of fact, which arise between the parties as if the appellate
Court takes a different view; the parties are saved from further harassment. Court has to refer in
its judgment all the submissions made before it and have to deal with it even if the court is of the
opinion that there is no substance in any of the submission; in those extreme situations the Court
may just refer to the same and say that there is no substance.

In the absence of discussion in detail of the evidence by the parties, it cannot be said that its
judgment is no judgment in the eyes of law. All the court has to do is to frame proper issues and
to keep in mind all the points involved in the case and has discussed all those points, though in
brief; thus giving full respect to the judgment.

Problem arises where there is absolutely no evidence on the record and the plaintiff is wholly
unable to proceed with the case; in that situation an order simply dismissing the suit without a
finding on every issue is not bad. It would be a sheer formality to write a judgment on each issue
in these scenarios.
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3. DECREE

In this chapter the following shall be dealt:

Definition (Meaning)

Essentials

Classes of decree

Deemed decree

Drawing up of decree contents of a decree

Meaning:

Sec 2(2) of the Code states that ‘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
regard to all or any of the matters in controversy in the suit and may be either preliminary or
final. 6 It shall be deemed to include the rejection of a plaint and the determination of any
question within Sec 144 but shall not include –

 Any adjudication from which an appeal lies as an appeal from an order, or

 Any order of dismissal for default.
Explanation – A decree is preliminary when further proceedings have to be taken before the suit
can be completely disposed of. It is final when such adjudication completely disposes of the suit.
It may be partly preliminary and partly final.

Essential elements:

There must be an adjudication:

To constitute a decision of a court to be a decree, there must be adjudication, i.e. a judicial

determination of the matter in dispute. If there is no judicial determination of any matter in

6
Sec. 2(2) Code of Civil Procedure, 1908.
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dispute, it is not a decree as held in the matter of Madan Naik Vs Hansubala Devi (1983)7. Thus
an order passed by an officer who is not a court is not a decree.

Suit:

The expression ‘Suit’ is not defined in the code. But in Hansraj Vs Dehradun Electric Tramway
Co Ltd (1933)8, Privy Council held that ‘Suit’ ordinarily means and apart from some context
must be take to mean, a civil proceeding instituted by a presentation of a plaint. Thus every suit
is institutes by the presentation of a plaint. It means when there is no civil suit, there is no decree.
But proceedings under Indian Succession Act, Hindu Marriage Act, and Arbitration Act are
statutory suits only and the decisions are therefore decree only.

Rights of parties in controversy:

The adjudication must have been determined the rights of the parties with regard to all or any of
the mattes in controversy in the suit. The word rights means substantive rights of parties and not
merely procedural rights as held in Dattatraya Vs Radhabai (1921)9. Thus rights of the parties
inter se relating to status, limitation, jurisdiction, frame of suit, accounts etc are “rights of the
parties” are under this section. The rights in matters of procedure are not included in it.

The term ‘parties’ to the suits i.e. the plaintiff and the defendant. Thus an order on an application
by a third party, who is stranger to the suit, is not a decree. In interpleader suit, the contesting
defendants will be deemed to be the parties to the suit.

Conclusive determination:

Such determination must be of a conclusive nature. In other words, the determination must be
final and conclusive as regards the court which passes it as held in Narayan Vs Pratirodh
(1991)10. Thus an interlocutory order which does not decide the rights of the parties finally is not
a decree, e.g. an order refusing an adjournment or an order striking out defence of a tenant under
the relevant rent act.

7
AIR 1983 SC 676.
8
AIR 1935 All 995.
9
(1921) 23 BOMLR 92.
10
AIR 1991 Cal 53.
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An order dismissing an appeal summarily under Order 41 of the Code or holding it to be not
maintainable or a order dismissing a suit for want of evidence or proof are decrees inasmuch as
they decide conclusively the rights of parties to the suit.

Formal expression:

There must be a formal expression of such adjudication. All the requirements of form must be
complied with. The formal expression must be deliberate and given in the manner provided by
law. The decree follows the judgments and must be drawn up separately. Thus if a decree is not
formally drawn up in the terms of judgment, no appeal lies from that judgment, but that decree
need not be in a particular form.

Classes of Decree:

Preliminary Decree:

A preliminary decree is passed in those cases in which the court has first to adjudicate upon the
rights of parties and has then to stay its hands for the time being, until it is in a position to pass a
final decree in the suit.

In the other words, a preliminary decree is only a stage in working out the rights of the parties
which are to be finally adjudicated by a final decree as held in Shankar Vs Chandrakant (1995).11

Few instances where a preliminary decree may be passed are suits for:

• Recovery of possession of immoveable property and for rent. O 12, R 12.

• Administration of the estate of a deceased person. O 20, R 13

• Pre-emption O 24, R 14.

• Dissolution of Partnership, O 20, R 15

• Accounts between principal and agent. O 20, R 16

There is a conflict of opinion as to whether there can be more than one preliminary decree in
same suit. The SC in Phoolchand Vs Gopal lal (1967), wherein it has been observed that there is

11
AIR 1995 SC 1211.
 18

nothing in the CPC which prohibits passing of more than one preliminary decree, if
circumstances justify the same and it may be necessary to do so.12

Final decree

A decree may be said to be final in 2 ways –

• When within the prescribed period no appeal is filed against the decree or the matter has
been decided by the decree of the highest court; and

• When the decree so far as regards the court passing it, completely disposes of the suit.

It is in the latter sense that the words “final decree” is used.

A final decree is one which completely disposes of a suit and finally settles all questions in
controversy between the parties and nothing further remains to be decided thereafter. Thus in a
suit for recovery of money, if the amount found due to the decree holder is declared and the
manner in which the amount is to be paid has also been laid down, the decree is a final decree.

Ordinarily there will only one final decree. Special circumstances may require passing of more
than one decree in the same suit. Where two or more causes of action are joined together, there
can be more than one final decree as held in Kanji Vs JivRaj (1976).13

Partly preliminary and partly final decree

A decree may be partly preliminary and partly final e.g. in a suit for possession of immoveable
property with mesne profits, where the court –

• Decrees possession of property ; and

• Directs an enquiry into the mesne profits.

The former part of the decree is final, while the latter part is only preliminary because the final
decree for mesne profits can be drawn only after the enquiry and the amount due is ascertained.

12
AIR 1967 SC 1470.
13
(1966) 7 GLR 931.
 19

In such a case even though the decree is only one, it is partly preliminary and partly final (Lucy
Vs Mariaapa (1979)).

A final decree may be said to become final in 2 ways –

• When the time for appeal has expired without any appeal being field against the
preliminary decree or the matter has been decided by the highest court;

• When the time for appeal has expired without any appeal being field against the
preliminary decree the same stands as completely disposed.

Deemed decree
The term deemed is generally used to create a statutory fiction for the purpose of extending the
meaning which it does expressly cover. The rejection of a plaint and the determination of
questions under Sec 144 are deemed decrees. Similarly adjudications under O 21, Rule 58 as
also under O 21, R 98 or 10 are deemed decrees.

Rejection of plaint:
Even though an order rejecting a plaint does no preclude the plaintiff from presenting a
fresh plaint on the same cause of action. Sec 2(2) of CPC provides that rejection of a
plaint shall be deemed to be a decree. The rejection must be one authorized under the
code or else its not a deemed decree.

Restitution:
The determination of any question within Sec 144 of CPC is expressly included in the
definition of “decree” though such determination is neither made in a suit, nr is it drawn
up in the form of a decree. Sec 144 deals with restitution and determination of a question
under that section and are included in the definition of ‘decree’ for the purpose of giving
a right of appeal.\

Contents of decree : Rule 6

The decree shall bear:

i. The number of the suit

ii. The names and the description of the parties and their registered addresses;
 20

iii. The particulars of the claim;

iv. The relief granted;
v. The amount of costs incurred in the suits;
vi. The date on which the judgments was pronounced and
vii. The signature of the judge
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4. DISTINCTION BETWEEN JUDGMENT AND DECREE

Statement given by the Judge on the grounds of a decree or order. Judgment refers to what the
judge writes regarding all the issues in the matter and the decision on each of the issues. Hence
every judgment consists of facts, evidence, findings etc. and the conclusion of the court.

The term decree is defined in section 2(2) of the C.P.C. which reads as follows: 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 regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the
rejection of a plaint and the determination of any question within section 144, but shall not
include a) any adjudication from which an appeal lies as an appeal from an order, or b) any order
of dismissal for default.

Decree is the conclusion reached by the judge after hearing both parties on merits and expressing
the same in writing. Basically decree is the subset in the set of judgment. The decree forms the
last part of the judgment and is extracted from the entire judgment by the decree clerk who
contains the basic details and the result of the case. The date of the decree is the date of judgment
for the purpose of execution though it can be signed anytime later even by a successor judge
though it should be given within 15 days. Even a set-off/ counter claim is in the same decree.

Judgments by way of an amendment in 1976 must contain the exact decree and words like
“decree what is prayed for” cannot be used. Thus every judgment contains the decree, amongst
other things and the decree is usually the last portion of the judgment and the decree
independently is without reasoning.

There is no need of a statement in a decree though it is necessary in a judgment. Likewise, it is

not necessary that there should be a formal expression of the order in the judgment, though it is
desirable to do so. A judgment is a stage prior to the passing of a decree or an order, and after the
pronouncement of the judgment, way for the decree has to be left wide open.

Decree has to be in line with the judgment and it should present the correct interpretation of the
judgment. But in case, scenario arises where there appears to be a conflict between the judgment
 22

and the decree, then the decree must be reasonably construed and if on such construction both of
them able to remain together, then adhere to that decree. But if it gets difficult for the decree to
stay together with the judgment, then it must be amended under section 151 of the C.P.C. and if
there is any clerical mistakes in the decree, then section 152 of the C.P.C. will take out the decree
safe from the clutch of being declared nullity.
 23

5. CONCLUSION

‘Judgment’ means the statement given by a judge of the grounds of a decree or order. It is not
necessary for a judge to give a statement in a ‘decree’.

It is not necessary that there should be a formal expression of the order in the judgment, thought
its is desirable. Thus a judgment contemplates a stage prior to the passing of a decree or an order,
and after the pronouncement of the judgment, a decree shall follow.

The decree forms the last part of the judgment and is extracted from the entire judgment by the
decree clerk who contains the basic details and the result of the case. The date of the decree is the
date of judgment for the purpose of execution though it can be signed anytime later even by a
successor judge though it should be given within 15 days. Even a set-off/ counter claim is in the
same decree.

Judgments by way of an amendment in 1976 must contain the exact decree and words like
“decree what is prayed for” cannot be used. Thus every judgment contains the decree, amongst
other things and the decree is usually the last portion of the judgment and the decree
independently is without reasoning.

There is no need of a statement in a decree though it is necessary in a judgment. Likewise, it is

not necessary that there should be a formal expression of the order in the judgment, though it is
desirable to do so. A judgment is a stage prior to the passing of a decree or an order, and after the
pronouncement of the judgment, way for the decree has to be left wide open. Decree has to be in
line with the judgment and it should present the correct interpretation of the judgment. But in
case, scenario arises where there appears to be a conflict between the judgment and the decree,
then the decree must be reasonably construed and if on such construction both of them able to
remain together, then adhere to that decree. But if it gets difficult for the decree to stay together
with the judgment, then it must be amended under section 151 of the

C.P.C. and if there is any clerical mistakes in the decree, then section 152 of the C.P.C. will take
out the decree safe from the clutch of being declared nullity.
 24

BIBLIOGRAPHY

PRIMARY SOURCES:

Acts

 Code of Civil Procedure, 1908.

SECONDARY SOURCES

Books

 Civil Procedure Code, R.V.Kelkar

 Civil Procedure Code, M.P. Jain

Websites

 www.scconline.com
 www.manupatra.com
 www.legallyindia.com
 www.lexisnexisindia.com