How to write judgment

By S.N. Khare
Former District and Sessions Judge
Adjunct Faculty of Law
DNLU
 JUDGMENT
• CPC :S. 2(9) :Statement given by the Judge on the grounds of a decree
or order.
• Order 20 Rules 1 to 5; Section 33
• Civil Court Rules , 1961, Rules 151 to 164
 Titles of Suits
• IN THE COURT OF CIVIL JUDGE SENIOR DIVISION, JABALPUR, M.P.

• IN THE COURT OF CIVIL JUDGE JUNIOR DIVISION, BHOPAL (M.P.)

• IN THE COURT OF PRINCIPAL DISTRICT JUDGE, GWALIOR (M.P.)

(Presiding Officer : XYZ)
Case No.
CASE No. ………RCS B 15/2022
Date of Institution……
31/05/2012
A Class Suit: Title and other suits,
e.g. suits for immovable property,
specific Relief and mortgage suits.
RCS A 15/ 2018
B Class: Suit Suits for money and
movables RCS B 15/ 2018
 Description of parties
Appendix A
• Plaintiff vs. Defendant
• Name. age, father’s name, occupation, address,
• If state is party: State of M.P.
• If Central Govt. is party :Union of India
• Name of counsels representing parties
• A.B. (add description and
residence).......................................................................... Plaintiff
against
• C.D. (add description and
residence)........................................................................... Defendant
 Counsels representing parties

• ABC, Advocate………………Counsel for the plaintiff

• CDE, Advocate, …………….Counsel for the defendant
CPC Appendix A
Form 2

• Description of parties in particular Cases

• [The Union of India
• The Advocate General of…………
• The Collector of …………………………..
• The State of __________________
• The A. B. Company, Limited having its registered office at A. B., a
public officer of the C. D. Company. ____________________ A. B.
(add description and residence), on behalf of himself and all other
creditors of C. D. late of (add description and residence)
_________________ A. B. (add description and residence), on
behalf of himself and all other holders of debentures issued by the
Company limited. _________________ The Official Receiver.
• A. B. a minor (add description and residence),by C. D. [or by the
Court of Wards], his next friend.
• A. B. (add description and residence), a person of unsound mind
[or of weak mind], by. C. D. his next friend.
• A. B. a firm carrying on business in partnership a
date of announcement
• JUDGMENT
• (Pronounced on ……..)
 Para 1
Nature of Suit

•This Suit has been filed for eviction of

the tenant on the ground of section
12(1)(a) and 12(1) e OF M.P.
Accommodation Control Act,1961 and
for recovery of arrears of rent.
Nature of suit contd……

•This suit has been filed for Specific

Performance of Contract and for
Permanent Injunction.
•This suit has been filed for recovery of
loan of Rs. 1,00,000/-granted on the
basis of promissory note and for interest
 Nature of Suit contd…..

•This suit has been filed for

partition, separate
possession and for mesne
profits.
 II nd para
• Admitted Facts
• It is admitted that agreement dtd……..was executed between the
parties.

• It is agreed that ……….is the son of petitioner and respondent no. 1

• It is agreed that pronote Ex. P1 bears the signature of the defendant.

 III rd para
• Case for the plaintiff
• Plaint should not be copied
• Any material fact should not be omitted.
 MONEY LENT
• . On the………………………………day of………..20……………., The plaintiff
lent the defendant ……..rupees repayable on the………………………day
of………… The defendant has not paid the same, except…………..rupees
paid on the……….day of…………20….
SPECIFIC PERFORMANCE
• By an agreement dated the........... day of................and signed by the
defendant, the plaintiff contracted to buy of [or sell to] the plaintiff
certain immovable property therein described and deferred to, for the
sum of........................ rupees. The plaintiff has applied to the
defendant specifically to perform the agreement on his part, but the
defendant has not done so. The plaintiff has been and still is ready
and willing specifically to perform the agreement on his part of which
the defendant has had notice.
 IV para

• Appendix A
• (4) Written statements
• Case for the defendant:
• If
• The defendant denied that….. more than one defendant, case of each
defendant in sub paras
 Specimen of written statements
• Denial—The defendant denies that (set out facts).
• The defendant does not admit that (set out facts).
• The defendant admits that………………but says that…………… The defendant denies that he is a partner in
the defendant firm of……………………
• Protest—The defendant denies that he made the contract alleged or any contract with the plaintiff. The
defendant denies that he contracted with the plaintiff as alleged or at all. The defendant admits assets
but not the plaintiff’s claim. The defendant denies that the plaintiff sold to him the goods mentioned in
the plaintiff or any of them.
• Limitation—The suit is barred by article.....................................or article...............of the Second
Schedule to the Indian1 Limitation Act, 1877 (15 of 1877).
• Jurisdiction—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
On the ........................................................................................day of.......................a diamond ring was
delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
• Insolvency—The defendant has been adjudged an insolvent. The plaintiff before the institution of the
suit was adjudged an insolvent and the right to sue vested in the receiver.
• Minority—The defendant was a minor at the time of making the alleged contract
• The defendant denies that he took possession of the plaintiff’s house
• Payment into Court—The defendant as to the whole claim (or as to Rs..........part of the
money claimed, or as the case may be) has paid into Court Rs................................and
says that this sum is enough to satisfy the plaintiff's claim (or the part aforesaid).
• Performance remitted—The performance of the promise alleged was remitted on the
date).
• Rescission—The contract was rescinded by agreement between the plaintiff and
defendant.
• Res judicata—The plaintiff's claim is barred by the decree in suit (give the reference).
• Estoppel—The plaintiff is estopped from denying the truth of (insert statement as to
which estoppel is claimed) because (here state the facts relied on as creating the
estoppel)
Discussion on each issue
• Issue 1 the burden to prove this issue is on the plaintiff.
• The plaintiff has examined himself as pw 1, his neighbour as pw 2 and
exhibited registered sale deed Exh. P1, rent recived Exh. P2 to his case
• On the other hand the defendant examined himself as Dw 1 and Exh.
………….
Order of examination in civil case
• Plaintiff first as PW1
• Plaintiffs Witnesses their after as PW2 PW3 etc.
• Defendants as DW 1
• Defendant DW2, DW 3 etc.
Marshalling of evidence
• The witnesses and documents on a particular issue should be grouped
together
• Appreciation of Evidence
• Whether witness is wholly reliable
• Whether a witness is wholly unreliable.
• Whether a witness is partly reliable.
• The decision in civil cases is mostly based on documentary evidence
• If a document is registered it is more reliable
• Referring witnesses in a judgement
• The witnesses should be referred by their name as well as by their
order in examination for eg. Mohan lal PW 1, ramlal PW 2 etc.
• Referring Rulings of High Court and the Supreme Court.
• Parties names should be mentioned first and their after the name of
the journal in which it is published for eg. Grima Singh V Sanjay Singh,
1994 SCC 482.
•
 Relief and Costs
• On the basis of above discussions it is clear that the plaintiff has proved his case
therefore he is entitled to the decree.
• The following order is passed / it is ordered and decreed that the defendant shall
pay to the plaintiff rupees one lakh and interest their upon.
• From the date ………… upto the date of payment @ 8% per annum.
• The cost of the plaintiff shall be borne by the Defendant.
• The counsel fee is allowed as per the schedule if certified by the counsels.
• A decree be drawn up accordingly
• Signature name and designation.
• Judgment pronounced in open court
• Signature and designation
 Issues

• On the basis of pleadings of both the parties and the documents submitted
by them following issues have been framed by me whose findings are as
under
• 1 number of issue
• 2 particular issue framed
• 3 Findings
Reasons of findings

• My reasons of above findings to each of the issues are given below

Decision of the case
• Debts
• Interest
• Costs
• Action to be taken
 If suit is dismissed
• In view of findings on issue no. 1 and 2 above the suit of the plaintiff
fails. He can not be granted decree of specific performance of
contract as prayed.
• It is therefore ordered that the suit of the plaintiff be dismissed.
• The plaintiff is directed to bear his own cost and cost of the defendant
also.
• The counsel fee is allowed as per schedule if certified by the
respective counsels.
• A decree be drawn up accordingly.
 OPERATIVE PART
• Injunction
• The suit of the plaintiff is decreed and it is ordered that the defendants
shall not interfere either himself or through his any representative or
agent in peaceful possession of the plaintiff over the land situated at
village Patan Tehsil Patan District Jabalpur, Khasra No.……. Area ……..
Suit for declaration
• It is declared that plaintiff is the owner of suit land khasra no……. Area
………..situated at Village …… of tehsil………district……… (m.p)
• It is declared that the plaintiff is the owner of ¼ share in house no………. Of
wright town Jabalpur shown with red dotted line in the map annexed with
the plaint.
 Money suit
• The suit of the plaintiff is decreed and it is ordered that the defendant shall
pay to the plaintiff rupees one lakh along with interest @ 8 % per annum
from the date of presentation of the plaint up to the payment.
Specific performance
 Interest
• Section 34 cpc were the decree is for payment of money the court may award
interest as it think reasonable on the principal sum adjudged.
• Divisions of interest
• 1 interest prior to filing of suit;
• 2 interest pendentelite ie. From the date of suit to the date of decree.
• 3 interest from the date of decree till the payment
Interest prior to suit
• Section 34 is not applicable, it is a matter of substantive law.
• It can be awarded only when there is an agreement.
• Or by way of damages or under a statutory provision.
 Interest pendentelite
• It is in the discretion of court
• It should be awarded at contractual rates unless it is inequitable to do so.
• Interest from date of decree.
• It is in the discretion of the court
• Can be granted at a rate exceeding six percent per annum not exceeding
contractual rate of interest
• If liability arises out of commercial transaction it should be awarded @ at
which loan is advanced by nationalised bank
Compound interest
• It is not allowed u/s 34
• If there is an agreement compound interest can be granted
 COSTS

• Interest on costs cannot not be awarded

• In discretion of the Court, which should be exercised on sound judicial
principles
• S. 35 CPC: In civil proceedings: “Costs shall follow the event”.
• The successful party must get the costs and loosing party must pay the
costs.
• Object: to secure the bonafide litigant the expenses incurred by him in
litigation.
• The practice of directing “parties to bear own costs” is deprecated by SC in
Salem Advocate Bar Association(2) v.Union of India, (2005) 6 SCC 344