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Judgement

A judgement in the Code of Civil Procedure (CPC) is the court's official decision, detailing the case's facts, issues, evidence, and legal reasoning, which establishes legal precedent. Judgements must be pronounced in open court, signed by the judge, and include specific elements such as a summary of pleadings, findings, and relief granted. Alterations to a judgement are only permitted for clerical errors or accidental omissions, as outlined in the CPC.

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6 views

Judgement

A judgement in the Code of Civil Procedure (CPC) is the court's official decision, detailing the case's facts, issues, evidence, and legal reasoning, which establishes legal precedent. Judgements must be pronounced in open court, signed by the judge, and include specific elements such as a summary of pleadings, findings, and relief granted. Alterations to a judgement are only permitted for clerical errors or accidental omissions, as outlined in the CPC.

Uploaded by

rtrna
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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JUDGEMENT

A judgement in CPC serves as the official pronouncement of the court’s decision, encapsulating
the resolution of the case’s issues and the reasons behind the verdict. The judgement establishes
legal precedent, guiding future cases and contributing to the evolution of jurisprudence.
A judgement is a decision made by a court, as explained in Section 2(9) of the Code of Civil
Procedure, 1908. It includes details about the case, such as the facts, issues, evidence presented
by both parties and the court’s findings on the issues based on the evidence and arguments.
Every judgement in CPC must include a summary of the case’s main points, the court’s decisions
on each issue, the legal reasoning (ratio decidendi) and the relief granted by the court.
Courts announce judgements regularly, resolving various cases. These judgements are crucial in
our legal system because they set examples for future cases. When a judge delivers a judgement,
they always provide the reasons behind their decision.

Pronouncement of a Judgement
The term “pronouncement” means officially making something public. it refers to the official
announcement of a decision by the court. This occurs after the completion of a hearing, where
the court has listened to the arguments of the parties involved. The judges declare the judgement
in CPC in an open court either immediately or on a later date, with prior notice to the parties or
their legal representatives.
If a judgement under CPC is not immediately pronounced, it must be declared within 30 days
from the date the hearing concludes. However, in exceptional circumstances like bank holidays
or strikes, this period may extend to 60 days. It is not mandatory for a judge to read the entire
judgement; announcing the final decision is sufficient. The judge indicates the date of
pronouncement and signs the judgement.
After a judgement is announced under the Code of Civil Procedure copies of the judgement are
promptly provided to the involved parties. The party requesting a copy needs to pay the specified
costs. The charges are determined by the rules and orders set by the High Court. This ensures
that parties can obtain copies of the judgement by following the procedures and covering the
associated costs as stipulated by the court.
Contents of the Judgement
As per Rule 4 of Order XX in the Code of Civil Procedure, 1908, judgements from Small Causes
Courts are considered sufficient if they include the points to be determined and the
corresponding decisions. For judgements from other courts, the following elements should be
included:
 Summary of the pleadings: A brief statement outlining the case.
 Issues: Clearly defined points that are subject to determination.
 Findings on each issue: The court’s conclusions regarding each point in question.
 Ratio decidendi: The reasons behind the court’s decision.
 The remedy: Details about the relief granted by the court.
Judgement to be Signed
A judgement in CPC must be dated and signed by the Judge in open court at the time of
pronouncing it. Once signed, it cannot be altered or added to, except as allowed by Section 152
or on review.
For Small Causes Courts, a judgement under CPC needs only to include the points for
determination and the decision on those points.
For courts other than Small Causes Courts, the judgement in CPC must include:
 A concise statement of the case,
 The points for determination,
 The decision on those points,
 The reasons for the decision,
 The relief granted.

In suits with framed issues, the court must state its decision, along with reasons, for each
separate issue unless the finding on one or more issues is enough to decide the entire suit.
Alteration of a Judgement
If a judgement has been dated and signed by the judge, changes or corrections can only be made
under certain circumstances:
Arithmetical or Clerical Errors:
Changes can be made if there are mistakes in calculations (arithmetical errors) or errors made by
clerks (clerical errors). These are errors in numbers, like adding up figures or other basic
mathematical errors.
Errors Due to Accidental Slips or Omissions:
Amendments are allowed for errors resulting from accidental slips or omissions. These occur
when something crucial is unintentionally overlooked. This provision is outlined in Section 152.
Additionally, the judgement in CPC can be reviewed under Section 114 if necessary.
In essence, alterations to a judgement are permitted for minor mistakes in numbers or clerical
work and for accidental oversights in essential details. This is in accordance with Sections 152
and 114 of the CPC.

After hearing a case, the court will declare its decision and a decree will follow

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