Judgment and Decree

Rule 4(1): judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.

Rule 4(2): judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.

Those four elements are the standard exam answer to "what must a judgment contain", and the contrast with small causes courts is the part that earns the extra mark. Rule 5 adds that in suits where issues have been framed, the Court shall state its finding or decision, with the reasons, upon each separate issue, unless the finding on any one or more is sufficient for the decision.

Drawing the decree: Rules 6 and 6A

Rule 6(1): the decree shall agree with the judgment. It shall contain the number of the suit, the names and descriptions of the parties and their registered addresses, and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.

Rule 6(2): the decree shall also state the amount of costs incurred in the suit, and by whom, or out of what property, and in what proportions they are to be paid.

Rule 6(3): the Court may direct that costs payable by one party to the other be set off against any sum admitted or found due from the former to the latter.

Rule 6A(1): every endeavour shall be made to draw the decree as expeditiously as possible and in any case within fifteen days from the date the judgment is pronounced.

Rule 6A(2) solves a practical problem that used to trap appellants. An appeal may be preferred against the decree without filing a copy of the decree, and in that case the copy of the judgment made available by the court is treated as the decree for the purposes of Order XLI Rule 1. But as soon as the decree is drawn, the judgment ceases to have the effect of a decree for the purposes of execution.

So a party is not shut out of an appeal merely because the registry has not yet drawn the decree. The period of limitation for an appeal runs, and Rule 6A(2) lets him file.

Rule 7: the decree shall bear the date of the day on which the judgment was pronounced, even though it is drawn up later.

Some particular decrees

Rule 12 deals with a decree for possession and mesne profits. Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the Court may pass a decree for possession, and for the rent or mesne profits accrued before the suit, and may direct an inquiry as to rent or mesne profits from the institution of the suit until delivery of possession or until the expiry of three years from the date of the decree, whichever first occurs.

That is the standard example of a decree which is partly preliminary and partly final under the Explanation to section 2(2): final as to possession, preliminary as to the profits still to be ascertained. See [Definitions].

Rule 18 deals with a decree in a suit for partition. Where the decree relates to an estate assessed to the payment of revenue to the Government, it shall declare the rights of the parties but direct the partition to be made by the Collector. In any other case, if the partition cannot be conveniently made at once, the decree shall declare the rights of the parties and give such further directions as may be required.

A worked example

Aarti sues Bipin for possession of a shop and for mesne profits. The hearing concludes on 1 September.

When must judgment be pronounced? Every endeavour is to be made within thirty days, so by about 1 October. If exceptional and extraordinary circumstances make that impracticable, the court fixes a future day, ordinarily not beyond sixty days, and gives due notice of it.

What must the judgment contain? A concise statement of the case, the points for determination, the decision on them, and the reasons, under Rule 4(2), with a finding on each separate issue under Rule 5.

What does the decree look like? It must agree with the judgment, and carry the suit number, the parties with descriptions and registered addresses, the particulars of the claim, the relief granted, and the costs with who pays them. It bears the date the judgment was pronounced, under Rule 7, even though it is drawn later.

Is it preliminary or final? Under Rule 12 the court may decree possession, decree the mesne profits already accrued, and direct an inquiry into profits from the institution of the suit until possession is delivered or three years from the decree, whichever comes first. That decree is final as to possession and preliminary as to the profits.

The registry has not drawn the decree and the appeal period is running. Rule 6A(2): Aarti may prefer her appeal without a copy of the decree, and the copy of the judgment given to her is treated as the decree for Order XLI Rule 1.

A month later the parties notice the decree records the shop's door number wrongly. That is a clerical slip, and section 152 allows it to be corrected. Rule 3 would otherwise forbid any alteration once the judgment is signed.

Bipin says the judge misunderstood his evidence. That is not a slip and it is not a matter for section 152. His remedies are review, on the grounds allowed by Order XLVII, or an appeal.

What it does not mean

The judgment is not the decree. The judgment gives the grounds; the decree is the formal expression that is executed.

A signed judgment cannot be altered. Rule 3 permits only a section 152 correction or a review.

The thirty-day period is not a rigid deadline. It is an endeavour, with sixty days as the outer limit in exceptional and extraordinary circumstances, and ninety days for commercial disputes.

An appeal is not blocked by the absence of a drawn decree. Rule 6A(2) allows the judgment copy to serve.

A decree does not bear the date it was drawn. Rule 7 gives it the date the judgment was pronounced.

Quick revision

Section 33: after the case is heard the Court pronounces judgment, and on that judgment a decree follows.

Order XX Rule 1: judgment in open Court, at once or as soon as practicable; if later, a day fixed with due notice; endeavour within 30 days of the conclusion of the hearing; in exceptional and extraordinary circumstances, a day not ordinarily beyond 60 days; in commercial disputes, within 90 days of the conclusion of arguments.

Rule 3: dated and signed in open Court at the time of pronouncing; not afterwards altered or added to, save under section 152 or on review.

Rule 4: a Small Causes judgment needs only the points for determination and the decision. Any other judgment needs a concise statement of the case, the points for determination, the decision, and the reasons. Rule 5: a finding with reasons on each separate issue.

Rule 6: the decree shall agree with the judgment, and state the suit number, the parties and their registered addresses, the particulars of the claim, the relief granted, and the costs and who pays them. Rule 6A: drawn within fifteen days; an appeal may be filed without a copy of the decree. Rule 7: the decree bears the date the judgment was pronounced.

Rule 12: possession and mesne profits, with an inquiry up to delivery of possession or three years from the decree, whichever is first. Rule 18: partition decrees.

Test yourself

1. What does section 33 provide? That the Court, after the case has been heard, shall pronounce judgment, and that on such judgment a decree shall follow.

2. Within what time must judgment be pronounced? It is pronounced in open court at once or as soon thereafter as practicable. Where it is not pronounced at once, every endeavour must be made to pronounce it within thirty days of the conclusion of the hearing, and where that is impracticable because of the exceptional and extraordinary circumstances of the case, on a day fixed which shall not ordinarily be beyond sixty days. In commercial disputes judgment is to be pronounced within ninety days of the conclusion of arguments.

3. What must a judgment contain? Under Order XX Rule 4(2), a concise statement of the case, the points for determination, the decision on those points, and the reasons for the decision. A judgment of a Court of Small Causes need contain no more than the points for determination and the decision on them.

4. Can a judgment be altered after it is signed? No, save as provided by section 152, which permits the correction of clerical or arithmetical mistakes and errors arising from accidental slips or omissions, or on review. Order XX Rule 3 otherwise forbids alteration or addition once the judgment is signed.

5. What must a decree contain? Under Order XX Rule 6, it must agree with the judgment, and contain the number of the suit, the names and descriptions of the parties and their registered addresses, the particulars of the claim, and a clear specification of the relief granted or other determination of the suit, together with the amount of costs and by whom and in what proportions they are to be paid.

6. The decree has not yet been drawn up but the appeal period is running. What can the appellant do? Under Order XX Rule 6A(2) an appeal may be preferred against the decree without filing a copy of it, and the copy of the judgment made available by the court is treated as the decree for the purposes of Order XLI Rule 1. Once the decree is drawn, the judgment ceases to have the effect of a decree for execution purposes.

7. What date does a decree bear? Under Order XX Rule 7, the day on which the judgment was pronounced, even though the decree is drawn up afterwards.