Introduction

The Code of Civil Procedure, 1908, also known as the ‘Civil Procedure Code’ or ‘CPC’,
is the Law that regulates the procedures and practices to be followed in the Civil Courts.
The term ‘Code’ refers to a methodical collection of statutes arranged in such a way as to
prevent overlapping or inconsistency.

The Code of Civil Procedure has two parts.

 The first part comprises 158 Sections. This part of the Code specifies provisions
concerned with the general principles of jurisdiction.
 The second part consists of the First Schedule. It includes 51 Orders and Rules.
This part of the Code recommends methods and procedures that govern civil
proceedings in the country.
judgement
SECTION 2(8)

‘Judge’ is defined as the presiding officer of a Civil Court.

SECTION 2(9)

‘Judgement’ means the statement given by the Judge on the grounds

of a decree or order.

 A judgment is said to be the final decision of the court on the said matter before the court in the form
of suit towards parties and to the world at large by formal pronouncement in open court.

 Every judgement shall include a summary of the pleadings, issues, finding on each issue, ratio
decidendi and the relief granted by the Court.

 Judgements play a very important role in the working of our judicial system because they act as
2
precedents for cases to come in the near future.
 Code of Civil Procedure, 1908

Essentials of a judgement
Rule 4 of Order XX of the Code of Civil Procedure, 1908 provides for the contents of a
judgement as follows:
JUDGEMENT OF COURTS OTHER THAN THE COURT OF SMALL CAUSES:

1) The concise statement of the case,

2) The points for the determination,
3) The decision thereon,
4) The reason for such a decision.
Judgement of the Court of Small Causes :
1) The points for the determination,
2) The decision thereon.

3
 Code of Civil Procedure, 1908

Important rules of Order XX

Order XX of the Code of Civil Procedure, 1908 lays down the detailed rules regarding
judgement and decrees.

Rule 1 of Order XX: Pronouncement

• Lays down that the judgement is to be pronounced in the open Court, either
immediately after the case has been heard, or as soon thereafter it may be practicable,
or on some future day.
• If it is to be pronounced on a future day, the date should be fixed by the Court and
notice thereof is to be given to the parties or their pleaders.
• If the judgement is not pronounced on the same day, the Court must endeavour to do
so within thirty days from the date on which the hearing of the case was concluded.
• If not practicable to do so, due to exceptional and extraordinary circumstances of the
case, the date fixed for giving the judgement should not ordinary be a day beyond sixty
days from the date on which the hearing was concluded.

4
 Code of Civil Procedure, 1908

Rule 3 of Order XX: Date and Signature

• Every judgment is to be dated and signed by the Judge in open Court at the time of
pronouncing it.
• Once signed, the judgement cannot afterwards be altered or added to, except on
review or as provided by Section 152 of the Code of Civil Procedure, 1908.

Rule 4 of Order XX: Death of Judge

• If the Judge dies after having a judgement, but without having pronounced it, his
successor must pronounce the judgement.

Rule 6-B of Order XX: Copy of 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.

5
What is a decree?
• Section 2(2):
• “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.

• Section 2(3):
• “Decree-holder” means any person in whose favour a
decree has been passed.
 The term is also deemed to include the rejection of a plaint and the
determination of any question under Section 144 which deals with
applications for restitutions.
Code of Civil Procedure, 1908 6
 ESSENTIALS OF A DECREE
In order that a decision of a court may be a decree, the following essential requirements must be satisfied:

1. ADJUDICATION 3. Rights of the parties in FORMAL EXPRESSION​

controversy 5.

THE ADJUDICATION MUST CONCLUSIVE

2. BE DONE IN A SUIT 4.
DETERMINATION

Civil Procedure Code, 1908 7

 Code of Civil Procedure, 1908

contents of a decree

THE DECREE SHALL AGREE WITH THE JUDGEMENT AND SHALL CONTAIN THE
FOLLOWING:

1) NUMBER OF THE SUIT,

2) NAME AND DESCRIPTION OF THE PARTIES,
3) REGISTERED ADDRESSES,
4) PARTICULARS OF THE CLAIM,
5) RELIEF GRANTED OR OTHER DETERMINATION OF THE SUIT.

8
 Civil Procedure Code, 1908
Types of decree
1 2
PRELIMINARY DECREE
 It conclusively determines
 It conclusively determines
the rights of the parties in
the suit with regard to
some of the matters in
controversy, but it does not
completely dispose of the
suit.
 Examples:
1) Suit for recovery of
possession of immovable
property and for rent.
2) Suit for administration of the
estate of a deceased person.
3) Suit for dissolution of
partnership.
FINAL DECREE
the rights of the parties in
the suit with regard to all of
the matters in controversy
and completely disposes of
the suit.
3
PARTLY PRELIMINARY OR
PARTLY FINAL
 A type of decree where a
final decision has been
passed in respect of a part of
the suit and the other part is
left for future adjudication.
 Lucky Kochuvareed v.
P. Mariappa Gounder (1979):
In a suit for possession of
immovable property with mesne
profit, the decree regarding
mesne profit is preliminary
whereas, the decree regarding
possession is final.
9
Difference between judgment & decree
The definition of Judgement is given in
Section 2(9) of the Code of Civil Procedure,
1908.
Judgement is made prior to Decree
Judgement is based upon facts.
Judgement contains the facts of the case,
issues involved, evidence brought by
parties and finding on issues.
Judgement has no types.
Judgment leads to the Decree being drawn
up.
The definition of Decree is given in Section
2(2) of the Code of Civil Procedure, 1908.
Decree allows follows Judgement.
Decree is based upon Judgement.
Decree contains the outcome of the suit
and conclusively determines the rights of
parties with regard to the issues in dispute
in the suit.
Decree is divided into three types:
preliminary, final and partly preliminarily or
partly final.
After passing the Decree, the suit stands
disposed of since the rights of the parties
are determined by the Court.
10
summary
 The conclusion of any civil proceeding will, but naturally,
comprise of a judgement and decree.

 Decree is a characteristic of civil proceedings.

 Judgement forms the concluding part and decree from

the operating part.

 Judgement and decree are the most important

components in a civil proceeding; as it gives legal effect to
the claims of settlement or controversy of the parties
through the means of judicial determination.

Code of Civil Procedure, 1908 11