INDORE INSTITUTE OF

LAW
(AFFILIATED TO D.A.V.V. & BAR COUNCIL OF INDIA)

Subject: CIVIL PROCEDURE CODE

TOPIC: WHAT DO YOU MEAN BY JUDGMENT
AND DECREE?

SUBMITTED BY: MUSKAN OJHA

Course & Semester: BA.LLB 10TH SEMESTER

SUBMITTED TO: Dr. NAVEEN S. CHOUHAN

ACADEMIC SESSION
2023-24

Enrolment Number: DL1902219 Roll

No.:90440535

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Date of Submission: 25/05/2024
CERTIFICATE
THIS IS TO CERTIFY THAT MUSKAN OJHA OF BA.LLB SEMSTER 10
HAS SUCCESSFULLY COMPLETED THE RESEARCH WORK IN WHAT
DO YOU MEAN BY JUDGMENT AND DECREE? FOR PARTIAL
FULFILMENT OF REQUIREMENTS FOR THE KNOWLEDGE OF GIVEN
BY Dr. NAVEEN S CHOUHAN BY INDORE INSTITUTE OF LAW.
THIS ASSIGNMENT IS THE RECORD OF AUTHENTIC WORK CARRIED
OUT DURING THE ACADEMIC YEAR 2023-24.

TEACHER’S SIGNATURE -----------------------------------------

2
DATE-------------------------

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 DECLARATION
I HEREBY DECLARE THAT THE PROJECT WORK ENTITLED WHAT DO
YOU MEAN BY JUDGMENT AND DECREE? SUBMITTED FOR
FULFILLING THE ESSENTIAL CRITERIA OF INDORE INSTITUTE OF
LAW, IS A RECORD OF AN ORIGINAL WORK DONE BY ME UNDER
THE GUIDANCE OF Dr. NAVEEN S CHOUHAN IN BA.LLB 10 SEMESTER,
INDORE INSTITUTE OF LAW FOR THE ACADEMIC SESSION 2023-24.

NAME- MUSKAN OJHA

COURSE: BA.LLB
SEMESTER: 10th

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 ACKNOWLEDGEMENT
I, MUSKAN OJHA STUDENT OF BA.LLB WOULD LIKE TO EXPRESS MY
SPECIAL THANKS OF GRATITUDE TO MY PROFESSOR AND GUIDE Dr.
NAVEEN S CHOUHAN WHO GAVE US THE GOLDEN OPPORTUNITY TO
DO THIS WONDERFUL ASSIGNMENT ON THE TOPIC WHAT DO YOU
MEAN BY JUDGMENT AND DECREE? I AM SINCERELY GRATEFUL TO
MY TEACHER FOR GUIDING US AND PROVIDING THE RELEVANT
INFORMATION AND THUS HELPING ME TO COMPLETE THE PROJECT
SUCCESSFULLY. I WOULD ALSO LIKE TO GIVE A HEARTY THANKS
TO MY PARENTS WHO SUPPORTED ME MORALLY AS WELL AS
ECONOMICALLY IN COMPLETION OF THIS ASSIGNMENT WITHOUT
ANY TYPE OF PROBLEM. I WOULD LIKE TO APPRECIATE AND THANK
ALL MY FRIENDS AND ALMA MATES FOR HELPING ME IN EVERY
POSSIBLE MANNER IN THE WAY OF COMPLETION OF MY PROJECT.
LAST BUT NOT THE LEAST I WANT TO THANK THE ALMIGHTY WHO
MADE EVERYTHING POSSIBLE.

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PLAGARISM REPORT

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SR.NO. CONTENTS PAGE NO.

1. Introduction 2

2. Judgement 3

3. Pronouncement of a judgement 3

4. Copy of the judgement 3

5. Contents of the judgement 4

6. Alteration of the judgement 4

7. Decree 5

8. Kinds of decree 5

9. Orders which are decree 6

10. Orders which are not decree 6

11. Difference between Judgement and Decree 7

12. Conclusion 8

ABSTRACT

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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.

INTRODUCTION

Section 2(2) of the Code of Civil Procedure, 1908 defines what a decree is. The
decree is a formal expression of an adjudication in which the court expressing it,
conclusively determines the rights of the parties. The rights determined are with
regard to all or any of the matters in controversy in the suit and may be either
preliminary or final.
As per explanation in Section 2(2) of the code, a decree is said to be preliminary
when further proceedings are to be taken before the suit can be completely
disposed of. When such adjudication completely disposes of the suit then the
decree becomes final. The decree may be partly preliminary and partly final as
well.
Judgement has been defined under Section 2(9) CPC, 1908. Section 2(9) is to be
read with order 20 rules 1 to 5. Judgement means the statement on the grounds of
decree or order given by the judge. Judgement has not been defined elsewhere.

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 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 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
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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;

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).

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 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.

Kinds of Decrees

According to Section 2(2) of the Code of Civil Procedure,1908 decrees are

divided into three categories:

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.

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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.

Orders which are Decree

i. Rejection of plaint.
ii. Rejection of memorandum of appeal.
iii. An order for abatement of the suit.
iv. Modification of a decree is also a decree.
v. An order setting aside an ex parte decree is a decree.
vi. An order dismissing the appeal for non-payment of additional
court fees.
vii. Order for partnership dissolution.
viii. An order for alimony and maintenance under Section 25 of the
Hindu Marriage Act.
ix. Rejection of plaint pre-emption suit.

Orders which are not Decree

i. An order rejecting an application for the leave to sue as an indigent

person.
ii. An order of dismissal of suit for default.
iii. An order refusing stay.
iv. An order of setting aside rejection of plaint.
v. An order passed in execution proceedings.
vi. An order for res judicata and law of limitation.
The list of orders which are not decrees are not exhaustive.

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 Judgement Decree

 A judgement is based upon facts.  A decree is based upon judgement.

 Judgment is made prior to decree.  Decree always follows a judgement.

 A judgement contains facts of the case,
 A decree contains the outcome of the
the issues involved, the evidence
suit and conclusively determines the
brought by the parties, finding on
rights of the parties with regard to the
issues(based on evidence and
issues in dispute in the suit.
arguments).

 The definition of the word judgement  The definition of the word decree
given in section 2(9) of the Code of given in section 2(2) of Code of Civil
Civil Procedure, 1908 does not include Procedure, 1908 includes the word
the word ‘formal’. ‘formal’.

 Section 2(9) of the Code of Civil  Section 2(2) of the Code of Civil
Procedure, 1908 describes the term Procedure, 1908 describes the term
judgement. decree.
 Judgement has no types.  A decree is divided into three types.

 Judgement may result in a preliminary  The decree may be a preliminary or

decree or a final decree or an order by final or partly preliminary and partly
itself, the judgement is always final. final.

 After passing the decree, the suit

 Judgement leads to the final disposal of stands disposed of since the rights of
the suit after the decree is drawn up. the parties are finally determined by
the court.

CONCLUSION

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Decree is always followed after pronouncement of judgement so it can be said that
judgement is the set and decree is its sub set. A decree can be of three kinds which are;
preliminary, final or partly preliminary and partly final. Only civil cases, decree is
passed. In criminal cases, a decree cannot be passed. The procedure for execution of a
decree has been provided under Order XXI of the Code of Civil Procedure. After
passing of the decree, the suit stands disposed of since the rights of the parties are
finally determined by the court. Judgement stands on a different footing from order and
decree. There is no use of the words ‘formal expression’ in the definition ‘judgement’,
though they are used in the definition of ‘order’ and ‘decree’. Decree is a formal
expression of the judgement. So, a formal expression of the order in the judgement is
not necessary though it is desirable.

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