A Project on

“Judgement and Decree under Code of Civil Procedure”

SUBMITTED TO: - Dr. Sukesh Mishra

FACULTY, Code of Civil Procedure - II

SUBMITTED BY: Humanyu Kabeer

Roll Number: 17BLWS121
B.A. L.LB. (Self-Finance)
SEMESTER VIII
BATCH 2017-22

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Judgement & Decree

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.

Difference between Judgement and Decree

Judgement  Decree
 A judgement is based upon facts.   A decree is based upon judgement.
 Decree always follows a
 Judgment is made prior to decree.
judgement.
 A decree contains the outcome of
 A judgement contains facts of the case, the
the suit and conclusively
issues involved, the evidence brought by the
determines the rights of the parties
parties, finding on issues(based on evidence
with regard to the issues in dispute
and arguments). 
in the suit.
 The definition of the word judgement given  The definition of the word decree
in section 2(9) of the Code of Civil given in section 2(2) of Code of
Procedure, 1908 does not include the word Civil Procedure, 1908 includes the
‘formal’.  word ‘formal’.
 Section 2(2) of the Code of Civil
 Section 2(9) of the Code of Civil Procedure,
Procedure, 1908 describes the term
1908 describes the term judgement.
decree.
 Judgement has no types.   A decree is divided into three types.
 Judgement may result in a preliminary decree  The decree may be a preliminary or
or a final decree or an order by itself, the final or partly preliminary and
judgement is always final.  partly final.
 After passing the decree, the suit
 Judgement leads to the final disposal of the stands disposed of since the rights
suit after the decree is drawn up. of the parties are finally determined
by the court.

Judgement

The term Judgement is defined in Section 2(9) of the Code of Civil Procedure, 1908. A
judgement contains facts of the case, the issues involved, the evidence brought by the parties,
finding on issues (based on evidence and arguments). Every judgement shall include a
summary of the pleadings, issues, finding on each issue, ratio decidendi and the relief granted
by the court. On a daily basis, numerous judgements are pronounced and various cases are

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disposed of. Judgements play a very important role in the working of our judicial system
because they act as precedents for cases to come in the near future. A judge in the judgement
pronounced, always states the reasons for such a decision.

Pronouncement of a Judgement

The word pronouncement means to make an official public announcement. Pronouncement of

a judgement means that after the hearing is completed i.e. after the Court has heard the
pleadings of the parties, the judgement shall be announced by the Judges in an open Court,
either at once or at some future day, after providing due notice to the parties or their learned
counsels.

If a judgement is not pronounced immediately then it must be pronounced within 30 days

from the date of the conclusion of hearing. However, sometimes it so happens that due to
exceptional and some extraordinary reasons like a bank holiday, strike or some other situation
it may be delivered within 60 days from the conclusion of the hearing. It is not mandatory for
a judge to read out the whole judgement and it would be enough if only the final order is
pronounced. The judge shall put the date on which the judgement was pronounced along with
his signature. Rule 2 Order XX of Code of Civil Procedure, 1908 provides a judge with the
right to pronounce the judgement which is already written but is not pronounced by his
predecessor.

After the Amendment Act of 1976, the time limit was provided between the hearing of the
arguments and the pronouncement of the judgement. Prior to this amendment no time limit
was provided as such. Such a time limit was provided because there was indefinitely
continuous imposition from all over India.

Copy of the Judgement

Once the judgement is pronounced the copies of that particular judgement should be
immediately made available to the parties on payment of costs as specified, by the party
applying for such copy, of such charges as may be specified in the rules and orders made by
the High Court (H.C.) Such a rule is specified in Order XX Rule 6-B of the Code of Civil
Procedure, 1908.

Contents of the Judgement 

According to Rule 4 Order XX of Code of Civil Procedure, 1908:

 Judgements of a Court of Small Causes are satisfactory if they contain the points
for determination and the decision thereon.
 Judgments of other Courts shall contain:

1. Summary of the pleadings which is a concise statement of the case;

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 2. Issues which are the points for determination;
3. Findings on each issue and the decision thereon;
4. Ratio decidendi (reasons for such a decision); and
5. The remedy, which is the relief granted.

Alteration of a Judgement

Once a judgement is dated and signed by the judge it can only be altered or amended if:

 There are arithmetical or clerical errors. (clerical errors refer to the errors made by
clerks and arithmetical errors refer to errors made in numbers such as addition,
subtraction, multiplication and division).
 There are errors due to accidental slips or omissions (these errors take place when
some essential element is left unnoticed) (Section 152) on review (Section 114).

Decree

The term decree is defined in Section 2(2) of Code of Civil Procedure, 1908. A decree always
follows judgement and is based upon a judgement. It is divided into five types unlike
judgement which is final in itself. A decree may be final or preliminary. It is a formal
declaration or adjudication and is conclusive in nature. A decree is of three kinds namely,
preliminary decree, final decree and partly preliminary & partly final. A decree may be
delivered with an order. The decree contains the outcome of the suit and conclusively
determines the rights of the parties with regard to the issues in dispute in the suit. After
passing the decree, the suit stands disposed of since the rights of the parties are finally
determined by the court.

Deemed Decree 

A decree shall be deemed to include the rejection of a plaint and any question within Section
144 of Code of Civil Procedure,1908 but shall not include:
 any such sentence(adjudication) from which it appears that an appeal lies as an appeal
from an order, or
 any such order of discharge(dismissal) of default. 

Kinds of Decrees 

According to Section 2(2) of the Code of Civil Procedure,1908 decrees are divided into three
categories:

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  Preliminary Decree

In general sense, the word preliminary means preparation for the main matter, initial,
introductory, preparatory. In a legal sense, a preliminary decree is a decree where further
proceedings have to take place before the suit can be completely disposed off. It decides the
rights of the parties in respect to all or any of the matters of discussion but it does not completely
dispose of the suit. In such a decree the rights and liabilities of the parties are stated leaving the
actual result or decision to be worked out in future proceedings. A preliminary decree is passed in
those cases where the proceedings are to be carried out in two different stages. The first stage is
when the rights of the parties are adjudicated and the second stage is when those rights are
implemented or executed.

 Final Decree 

In general sense, the word ‘final’ means last, ultimate, conclusive or decisive. In legal sense, a
final decree is a decree which completely disposes of the suit and settles all the questions in
discussion between the parties and nothing is left further for deciding thereafter. It is only said to
be final when such adjudication completely disposes of the suit.

 Partly preliminary and partly final Decree

A decree is said to be partly preliminary and partly final when the court decides two questions by
the same decree. For instance, if the court passes a decree in favour of one party along with a
direction of inquiry for the other party, the former part of the decree is final while the latter part is
a preliminary decree for which further proceedings have to take place. For example, in a suit of
possession of a property with company ‘C’, if the court passes a decree of possession of the
property in favour of the plaintiff and directs an enquiry into the company ‘C’, then the former
part of the decree is final decree while the latter part is the preliminary decree.

The Necessity of a Decree

The Code of Civil Procedure requires the passing of a decree in all the suits. A decree is
based upon judgement and it also follows a judgement which is the reason why it is an
indispensable and essential requisite. The decree is indispensable or an absolute requisite. It
is an essential part of the ultimate outcome of the suit. An appeal can be made against a
decree and not against a judgement. If the decree is absent an appeal cannot be ‘put in
motion’.

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Contents of a Decree 

A decree always follows the judgement, coincide with it and contains:

 The suit’s number – Every suit has a particular number and it should be mentioned
in the decree. 
 The names, description and registered addresses of the parties – Every decree shall
have the names of all the parties of that particular suit, the proper description of
the parties of the suit, and the registered addresses of all the parties of the suit.
 The particulars of the parties claims or defence – Every decree shall contain the
details of the claims and the defences the parties are claiming as an outcome of the
said suit.
 The relief or the remedy granted to the aggrieved party – The decree should in
particular mention about the relief granted to the particular party as a remedy and
not a reward.
 The total amount of cost incurred in the suit-

1. by whom; or
2. out of what property; and
3. in what portions are they paid or are to be paid.

 The judgement’s date of pronouncement or delivery date of the judgement – The

decree should mention the date on which the judgement was delivered followed by
the decree.
 The judge’s signature on the decree – The judge’s signature is an essential and
indispensable element of any decree. The signature of the judge delivering the
judgement is an essential requisite.

Decrees in Special cases

 In a lawsuit for the recovery or process of regaining or repossession of an

immovable property (real estate), the decree shall include a description of such
property so that it is sufficient to recognise or identify it.

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 In a decree for movable property(personality), it must mention with the exact
amount of money to be paid as an alternative in case the delivery is not made due
to any reason either it be reasonable or appropriate.
 In a decree for payment of money, the Court may order that the payment of
decretal amount i.e., the amount mentioned in the decree shall be:

1. postponed which is delayed to a future date; or

2. made by instalments with or without interests.

 In a suit for the recovery or process of regaining or repossession of immovable

property, the Court may pass a decree-

1. for possession or gaining of property.

2. for past rents or mesne profits. (mesne profits are the profits of an estate received
by a tenant in wrongful possession and recoverable by the landlord)
3. that is a final decree in respect of rent or mesne profits in accordance with results
of such enquiry as mentioned.

 Rule 12A of the Code of Civil Procedure,1908  states that a decree for specific
performance of a contract for sale or lease of an immovable property which can
also be termed as real estate shall specify the exact period within which the
amount of money or other sum is to be paid by the purchaser or lessee.
 Rule 13 of the Code of Civil Procedure,1908   states that the final decree shall be
passed or delivered in accordance with the result of preliminary enquiry i.e., in a
lawsuit for an account of any property either movable or immovable and for its
due administration under the decree of Court, before passing a final decree, the
court should pass a preliminary decree ordering accounts to be taken and enquiries
to be made. 
 Rule 14 of the Code of Civil Procedure,1908  states a decree in a pre-emption suit,
it is a suit where the displacement of a lower jurisdiction’s laws when they conflict
with those of a higher jurisdiction, where the purchase money has not been paid
into Court, shall specify a particular day on or before which the purchase money
has to be paid and direct that on payment to Court, the defendant shall deliver
property to the plaintiff, but if the payment is not made on a specific day, the
lawsuit shall be dismissed with costs. In cases the Court has settled upon rival
claims to pre-emption, the decree shall direct:

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 1. The claim or defence of each pre-emptor shall take effect proportionately if the
claims decreed are equal in degree.
2. The claim or defence of the inferior pre-emptor will not take place till the superior
pre-emptor fails to make the payment if the claims decreed are different in degree.

 In a lawsuit for dissolving of partnership or taking of partnership accounts, the

Court can pass a preliminary decree before passing a final decree declaring the
exact shares of all the parties, fixing of a particular day on which the partnership
shall become dissolved and directing the accounts to be taken and other necessary
actions to be done.
 In a lawsuit for accounts between a principal person and agent, the Court can pass
a preliminary decree before passing a final decree directing the accounts that has to
be taken and it can also provide special directions in regards to the mode of taking
accounts as well.
 In a decree passed in a lawsuit for partition of property either movable or
immovable or for separate possession of share in the property,

1. the decree shall declare the rights of several parties interested in that property but
shall direct partition or separation to be made by collector and in other cases of
immovable property in case the estate is assessed to the payment of revenue to the
government.
2. the Court shall pass a preliminary decree declaring all the rights of the parties in
estate and giving necessary directions and then the final decree is passed, if
separation or partition cannot conveniently be made without further inquiry.

 A decree where the defendant has been allowed leave or start with a counterclaim
against the initial claim of the plaintiff shall state with what amount is due to the
plaintiff and what amount is due to the defendant thereafter.

Conclusion

Hence, it could be said that judgement is a set of which decree is the subset. Interests and
costs are the amount to be paid to the winning party as a remedy and not a reward. It is not a
punishment for the losing party but just a remedy for winning party so that it could incur the

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expenses caused due to drafting of legal notices, contracts and all expenses during the
litigation period for the purpose of litigation.