Vous êtes sur la page 1sur 23

Research project:- Judgement

SUBJECT: CPC

SUBMITTED TO: ASHWINI KUMAR PENDYALA

SUBMITTED BY: ABHISHEK KUMAR SINGH

2011-04

Table of Contents
Table of Cases..................................................................................................................................3
INTRODUCTION...........................................................................................................................5
MEANING OF JUDGMENT......................................................................................................5
DEFINITION...................................................................................................................................6
Decree and Judgment - Distinction..............................................................................................6
Difference between Order And Decree........................................................................................6
ESSENTIAL OF JUDGEMENT.....................................................................................................8
PURPOSE OF JUDGMENT...........................................................................................................9
Structure of Judgment:-................................................................................................................9
WHEN THE JUDGMENT IS PRONOUNCED?.........................................................................10
Rule 1. Judgment when pronounced-.........................................................................................10
Time for pronouncing judgment:...............................................................................................11
WHEN DOES A JUDGMENT PASSED BY COURT IS CONSIDERED VALID......................12
POWER TO PRONOUNCE JUDGMENT WRITTEN BY JUDGES PREDECESSOR............14
OBJECT OF JUDGMENT............................................................................................................17
WHETHER A JUDGMENT CAN BE MODIFIED OR NOT BY THE SAME COURT.............18
WHEN JUDGMENT BECAME OPERATIVE AND EFFECTIVE.............................................19
CONCLUSION..............................................................................................................................20
BIBLIOGRAPHY..........................................................................................................................21
BOOKS......................................................................................................................................21
WEBSITES................................................................................................................................21

Table of Cases

Amina Ahmed Dossa v. State of Maharashtra, AIR 2001 SC 656 : (2001) 2 SCC 675 : (2001)
SCC (Cri).........................................................................................................................................8
Balraj Taneja and another v. Sunil Madan and another, AIR 1999(SC)3381: (1999) 8 SCC 396:
1999(6) JT 473:1999(5) Scale 400:1999(8) Supreme 27:1999(8) SLT 65:2000(2) SCJ 13:1999(9)
SRJ 473............................................................................................................................................5
Daya ram v Jatti 35 IC 938,(1916) Punj Rec no 80, p 248............................................................13
Desi Kedari v. Huzurabad Co-operative Marketing Society Ltd.AIR 1994 Ap 301.....................16
Hans Raj v. Sohan Singh AIR 1954 Punj 207................................................................................11
Hargulal v. Abdul gany AIR 1936 Rang 147 (FB),.......................................................................13
Kharak v. Lachman AAIR 1925 All 293........................................................................................11
Lachman Prasad v Ram kishan (1911) ILR 33 ALL 236..............................................................13
Ladha Mal v. Nadar AIR 1936 Lah 742, 166 IC 698....................................................................11
Lakshman v. Kamalamma AIR 2001 Kant. 120............................................................................16
Mohamad Akil v. Asduminissa (1867) 9 WR(FB).........................................................................11
Naranbhai v. Naroshankar (1867) 4 BHCAC 98...........................................................................12
Omprakash v. State of HP AIR 2001 Hp 18(DB)..........................................................................16
Pitamber Prasad v. sohan lal AIR 1957 All 107.............................................................................16
Pratap Kishore v. Gnanendunath AIR 1951 Ori 313.....................................................................13
Sanwarmal v. Lalu Ram AIR 1969 Pat 337...................................................................................11
Shah Babulal v. Jayaben D. Kania, (1981) 4 SCC 8: AIR 1981 SC 1786.......................................7
Sri Raghunanda v. Sri Brozo Kishore 9187603 IA 154.................................................................16
St. P.Y.S. Church v. Ithapari, AIR 1972 Kerala 217(218)................................................................4
State of Punjab v. Gurdev Singh (1991) 4SCc 1...........................................................................16
State of T.N. v. S. Thangavel,(1997) 2SCC 349:AIR 1997SC 2283...............................................7
Sunder kaur v. Chandeshwar (1907) ILR 34 Cal 293....................................................................13
Surendra singh v. state of UP Air 1954 SC 194.............................................................................15
Sushil Kumar v. Jagdish Ram AIR 2002 NOC 234 (HP)..............................................................16
Swaran Lata v. Harendra Kumar AIR1969 SC 1167.....................................................................16
3

Thakur Singh v. Bhairam lal AIR 1956 Raj 113............................................................................11


Vidya charan shukla v. Khubchand baghel,AIR 1964 Sc 1099.......................................................7
Vinod Kumar Singh v. Banaras Hindu University (1988) 1SCC 80.............................................17

INTRODUCTION
The adjudication of a court of law may be divided into two classes: (i) decrees, and (ii) orders.
There are two modes for adjudication where a civil litigation begin with presentment of Plaint,
will technically called as civil suit. Basing on it civil suit will be presented by two way(i)
(ii)

By presentment of Plaint,
By presentment of complaint.

When someone makes appeal then civil litigation start with mere compliance. After the hearing
is completed, the court will pronounce the judgment. Rule 1 to 5 of Order 20 deal with
judgments and Rules 6 to 19 with decrees. Rules 6-B and 20 provide for furnishing of copies of
judgment and decree to the parties on application made by them on payment of specified
charges.
MEANING OF JUDGMENT
Judgment only means the reasoning given by the court is support of its decision. No special
sanctity is attached to the judgment except saying that it embodies the reason that led the court to
its conclusion.1
According to Whartons Law Lexicon judgment is:
A judicial determination putting an end to the action by any award or redress to one party or
discharge of the other as the case may be.
In Strouds Judicial Dictionary apart from the definition of the term judgment as given in the
various enactments in which the term has been defined, it means:
A sentence of the law pronounced by the court upon the matter contained in the record, and the
decision must be one contained in action.

1 St. P.Y.S. Church v. Ithapari, AIR 1972 Kerala 217(218)


5

DEFINITION
Judgment: section 2(9) of the civil procedure code defines judgment in following words.
Judgment means the statement given by judge of the grounds of a decree or order.2
Order 20, Rule 4(2) which says that a judgment: Shall contain a concise statement of the case,
the points for determination, the decision thereon and the reasons for such decision.
This document contains the contention of concerned parties and the facts of the case and the
controversy and in what manner it was settled. The process of reasoning by which the court came
to the ultimate conclusion and decreed the suit should be reflected clearly in the judgment.3
Decree and Judgment - Distinction
1. S 2(9) defines Judgment as the statement given by the judge on the grounds of a decree
or order,4 whereas it is not necessary for the judge to give a statement in a decree though
it is necessary in a judgment.
2. It is not necessary that there should be a formal expression of the order in the judgment,
though it is desirable to do so where as in decree there is formal expression of court is
necessary.5
3. A judgment contemplates a stage prior to the passing of a decree or an order, and, after
the pronouncement of the judgment, a decree shall follow.6
Difference between Order And Decree

2 S.2(9)
3 Balraj Taneja and another v. Sunil Madan and another, AIR 1999(SC)3381: (1999) 8 SCC 396: 1999(6)
JT 473:1999(5) Scale 400:1999(8) Supreme 27:1999(8) SLT 65:2000(2) SCJ 13:1999(9) SRJ 473.
4 CPC bare act
5 Civil procedure code by c.k takwani
6 S. 33
6

In spite of the common elements, there are fundamental distinctions between the two
expressions:
1. A decree can only be passed in a suit which commenced by presentment of a plaint. An
order may originate from a suit by presentment of a plaint or may arise from a proceeding
commenced by a petition or an application.
2. A decree is an adjudication conclusively determining the rights of the parties with regard
to all of the matters in controversy; on the other hand, may or may not finally determine
such rights.
3. A decree may be preliminary or final, or partly preliminary and partly final, but there
cannot be preliminary order.
4. Except in certain suits, where two decrees, one preliminary and the other final are passed,
in every suit there can be only one decree; but in the case of a suit or proceeding, a
number of orders may be passed.
5. Every decree is appealable, unless otherwise expressly provided, 7 but every order is not
appealable. Only those orders are appealable as specified in the code.8
6. A Second Appeal lies to the High Court on certain grounds from the decree passed in the
first Appeal.9 Thus, there may be two appeals; while no second Appeal lies in case of
appealable orders.10

7 S.96
8 S.104, Or.43 R.1.
9 S.100
10 S.104(2)
7

ESSENTIAL OF JUDGEMENT
A judgment should have essentials of the case, reasoning and the basic contention on which it is
given.11 Every judgment other than that of a court of small causes should contain.
(i)
(ii)
(iii)
(iv)

A concise statement of the case;


The point of determination;
The decision thereon; and
The reasons for such decision.

There are some essential parts which should be present in a judgement. Point of determination
and the decision thereon can make a judgement. If these two points are there then the judgement
can be considered to be completed and decree can follow. The judgements which are not
appreciated by appellate court or revisional court after examing evidence cannot be called as a
judgement.
In a Supreme Court case in Balraj Taneja v. Sunil Madan 12 , a judge cannot merely say Suit
decreed or Suit dismissed. To pronounce any judgement proper reasoning is given by court.
Even for the Small Causes Courts judgment must be intelligible need not, however, be a
decision on all the issues in a case. Even for a preliminary issue in a case, e.g. constitutional
validity of a statute, is a judgment.

11 Vidya charan shukla v. Khubchand baghel,AIR 1964 Sc 1099 at p . 1113


12 (1999) 8 SCC 396 at 415
8

An order passed by the Central Administrative tribunal cannot be said to be judgment, even if it
has been described as such.13 Similarly, the meaning of the term judgment under the Letters
Patent is wider than the definition of judgment under CPC.14

PURPOSE OF JUDGMENT
The main purpose of the judgement is to voice the opinion in or against the said facts in case, it
also addresses the facts in issue & law relating to said case. Through speaking judgement the
judge puts his own reasoning and points highlighting the case, it explains the decision to the
parties concerned. The next purpose, though not any less important than the first one, is to make
available reasons for an appellate court to consider. Judges also make sure that it has given
proper reasoning and description for the appellate court.
Structure of Judgment:Its a document from which it should appear as to what the facts of the case are and what is the
controversy, which was tried to be settled by the Court and in what manner. Basic structure of a
judgment should be in such a way that the reader should understand the facts easily and there
should be no difficulty in understanding the case. A reader must be able to know effortlessly, the
reasons given in it in reaching a just, and indeed one might say, often-inevitable conclusion.
Simple, brief and clear is best. Judgment must contain everything that needs to be said as to
13 State of T.N. v. S. Thangavel,(1997) 2SCC 349:AIR 1997SC 2283
14 Shah Babulal v. Jayaben D. Kania, (1981) 4 SCC 8: AIR 1981 SC 1786
9

why a decision was reached and nothing more. The Practice of writing lengthy judgment is not
appreciated15.

WHEN THE JUDGMENT IS PRONOUNCED?


Order 20 Rule 1 of code of civil procedure deals with the pronouncement of judgment. The code
state like this:
Rule 1. Judgment when pronounced1. The concerned court, after the case has been heard, shall pronounce judgment in an open
Court, either at once, or as soon thereafter as may be practicable and when the judgment
is to be pronounced on some future day, the Court shall fix a day, for that purpose, of
which due notice shall be given to the parties or their pleaders.16
The court in cases where the judgment is not pronounced within the prescribed time of
thirty days after the conclusion of case due to some irregular or remarkable
circumstances, then court shall at its very own venture be required to deliver the
judgment on any future date fixed by the court. Moreover any such future date must not
be beyond sixty days after the conclusion of trial. Also such future date would be
corresponds to parties or their pleaders.

15 Amina Ahmed Dossa v. State of Maharashtra, AIR 2001 SC 656 : (2001) 2 SCC 675 : (2001) SCC (Cri) 382 :
2001 CrLJ 965 (SC)

16 CPC bare act.


10

However it is not necessary for the court to read the full judgment, as it would be
sufficient if the main issues and courts decision on those material issues along with the
final order are read out.
A judge may pronounce its decision openly in the court room in the form of
correspondence or transcription to a short hand writer but that is subject to discretionary
power of high court itself in this matter.
In above case, it is also important to notice that when judgment is pronounced by the
court in court for transcription, after making necessary modification to such transcript, it
must be signed by the judge and it must mention the date of pronouncement of judgment
and should also form a part of the record.

.
Time for pronouncing judgment:
Rule 1 as it stood before its amendment merely provided that the court should, after the case has
been heard, either pronounces its judgment at once or as soon thereafter as may be practicable on
some future day. It didnt provide, however, when that future date should be and left it to the
discretion of the court. Commenting on this, the Supreme Court in C Sharma v. Union of India17
observed that thought the code does not provide a time limit in the period between the hearing of
the arguments and delivery of judgment,
An unreasonable delay between the two stages, unless explained by exceptional or
extraordinary circumstances, is highly undesirable, even when written arguments are submitted.
It is not unlikely that some points which the litigant considers important may have escaped
notice. However, what is more important is that litigants must have complete confidence in the
result of litigation. This confidence tends to shaken if there excessive delay between hearing of
arguments and delivery of judgment.

17 AIR1967 Sc 2037 ,(1976) 3 SCC 574.


11

In Anil Rai v. State of Bihar 18 it has been held by Supreme Court that in civil cases, the
judgment must be pronounced within two months from the date of conclusion of hearing of the
case.
Where a written judgment is to be pronounced, the whole of the judgment need not be read out.
It is sufficient if the finding on each issue and the final order are read out. A copy of the
judgment, however, must be made available to the parties or their pleaders.

WHEN DOES A JUDGMENT PASSED BY COURT IS CONSIDERED


VALID
The judgment is considered to be valid if it fulfils all the necessary procedure of code of civil
procedure. They are1. The case has been heard:- The case must have been heard, before judgment can validly
be pronounced. Thus, when a suit was posted for the report of the commissioner, and one
of the parties was not present, and the court pronounced judgment, it was held that it was
illegal, as the suit was not posted for hearing on that date.19
2. Notice to parties:- It is one of the most important condition for valid judgment. Notice
should be given in the manner prescribed by s 142. A judgment delivered without notice

18 Air 2001 SC 3173


19 Hans Raj v. Sohan Singh AIR 1954 Punj 207.
12

to parties is not a judgment pronounced within the meaning of this rule. 20 When a party
to whom notice had been given of the date on which judgement would be delivered is not
present, he is not entitled to fresh notice of the further date or dates to which the delivery
might be adjourned.21 The court is not, however, bound to communicate the result of a
case to the parties.22
3. Pronouncement of judgment:- Judgment should be pronounced in open court. If a
judgment not pronounced in court does not operate as a judgment; it operates only as
minutes nad memoranda made by the judge who wrote it.23 This is so, even if it is singed
by the judge.24 A judgment is the final decision of the court intimated to the parties and
the world at large, by a formal pronouncement or delivery in open court. It is a judicial
act which must be performed in a judicial way.
4. Judgment to be signed:- Order 20 Rule 3 of Civil Procedure Code deals with judgment
to be signed. The judgment shall be signed and dated by the judge in open court at the
time of pronouncing it and, when once signed, shall not afterwards to be altered or added
to, save as provided by S 152 or on review.
5. Evidence taken by judge: - As a general rule, a judgment must be given upon taken by
the judge before himself, and not upon evidence taken before another person. 25 But there
are certain exception is there.

20 Kharak v. Lachman AAIR 1925 All 293,


21 Thakur Singh v. Bhairam lal AIR 1956 Raj 113
22 Ladha Mal v. Nadar AIR 1936 Lah 742, 166 IC 698
23 Mohamad Akil v. Asduminissa (1867) 9 WR(FB).
24 Sanwarmal v. Lalu Ram AIR 1969 Pat 337
25 Naranbhai v. Naroshankar (1867) 4 BHCAC 98.
13

POWER TO PRONOUNCE JUDGMENT WRITTEN BY JUDGES


PREDECESSOR
So far as the power to pronounce judgment which is written by the judges predecessor is
concerned Order 20 Rule 2 of civil Procedure code deals with it. Here the term predecessors
means judge who taken all the procedure but not give the judgment due to certain circumstances
like, he will transferred, ill, getting accident, not signed the judgment etc.

14

Order 20 Rule 2. Power to pronounce judgment written by judges predecessor- A judge


shall pronounce a judgment written but not pronounced by his predecessor.26
A judge may pronounce a judgment written by his predecessors who has heard the evidence,
even though it was written after retirement or transfer and after he left the judicial post that he
occupied when he heard the evidence.27 The word predecessors was held to include any officer
who had tried the case, whether he was still in office or had been transferred or had gone on
leave.28 The fact that the transferred officer himself pronounces the judgment does not make any
difference in validity.29 When a judge delivers a judgment written by his predecessors, it does not
by any fiction of law become his judgment so as to bar him from hearing an appeal against it.30
Now the word shall presume is used in Order 20 Rule 2. The word may presume used in the
rule before its amendment in 1976, led to a divergence of opinion as to their true meaning. One
view was that the word may left a judge the option to pronounce a judgment according to his
own view of the case, even though it might be different from the judgment written by his
predecessor or to hear the case31 . A full bench of the Rangoon High Court held that the rule left
it to the discretion of the judge to pronounce the judgment written by his predecessor or to hear
the case de novo.32 This divergence of opinion has now been resolved by the substitution of the
words shall pronounce for the words may pronounce, thus making clear that the rule is
mandatory.

26 CPC bare act.


27 Sunder kaur v. Chandeshwar (1907) ILR 34 Cal 293.
28 Pratap Kishore v. Gnanendunath AIR 1951 Ori 313.
29 Daya ram v Jatti 35 IC 938,(1916) Punj Rec no 80, p 248.
30 Pratap Kishore v. Gnanendunath AIR 1951 Ori 313
31 Lachman Prasad v Ram kishan (1911) ILR 33 ALL 236.
32 Hargulal v. Abdul gany AIR 1936 Rang 147 (FB),
15

When the judge who has heard the evidence is prevented by death, transferred or
other cause from concluding the trail of the suit:
Order 18 Rule 15 of Code of Civil Procedure deals with power to deal with evidence taken
before another judge. It states that Where a judge is prevented by death, transfer or other cause
from concluding the trail of a suit, his successor may deal with any evidence or memorandum
taken down or made under the foregoing rules as if such evidence or memorandum had been
taken down or made by him or under his direction under the said rules and may proceed with the
suit from the stage at which his predecessors left it.
Where the evidence has been taken by commissioner of a witness residing within the
jurisdiction who is exempted under the Code of Civil Procedure from attending the
court or is unable to attend from sickness or infirmity:
Order 26 Rule 1 of Civil Procedure Code deals with this situation and give power to second
judge to issue a commission for the examination on integatories or otherwise of any person who
not able to come in court and the judge may give judgment upon evidence by some other judge
or person.
Where the judgment is singed but before pronouncement the judge is died:
In the condition where before the delivery of judgment, judge is died in that condition the second
judge can delivered the judgment. In case of Surendra Singh v State of Uttar Pradesh 33 , it was
held that where two judges of a High Court hear an appeal and one of them prepares the
judgment and signs it and sends it to the other judge, but before it is delivered the former dies,
then the judgment if delivered by the other judge is a valid judgment. 34
Where there is non-compliance with the Rules of judgment:
Dealing with question of non-compliance with the rules of Code of Civil Procedure, the Supreme
Court observed:
33 AIR 1994SC 194.
34 Ibid
16

As soon as judgment is delivered, that becomes the effective medium of the court. The law then
authenticate this pronouncement and make sure it is implemented correctly. There are different
opinions but they do not form the important part of the subject in issue and if any inconsistency
is there it can easily be ratified. So, if a judgment is mistakenly acted but signed and executed
therefore, the proceeding consequent on it would be valid because the judgment, if it can be
shown to have been validly delivered, would stand good despite defects in the mode of its
subsequent authentication.35
Therefore, where a judgment is not pronounced, dated, or signed in conformity with the
requirements of the Code of Civil Procedure, it constitutes a mere irregularity within the
meaning of S99. Such an irregularity does not afford any ground of reversal in appeal of the
decree based on it. But where there is no judgment at all, the defect cannot be cured.

35 Surendra singh v. state of UP Air 1954 SC 194.


17

OBJECT OF JUDGMENT
The proper object of a judgment is to support by the most cogent reasons that suggest
themselves, the final conclusion at which the judge has conscientiously arrived.36 That object is
defeated by the judge elaborately recording the fluctuations of his mind from day to day in
reference to the witnesses, the evidence, and the arguments. It is a substantial objection to a
judgment that it does not dispose of the question as it was presented by the parties, for example,
when it finds a particular signature to be forgery which both sides admit to be genuine. 37 In
appealable cases, the lower court must decide all questions in fact which arise on the issues to
avoid a remand. In a particular case, where the suit had to be dismissed as the plaintiff was
unable to proceed with it, it would be an idle formality to require a finding on all the issues. 38
Where the judge , at the first hearing, is convinced and parties are not at issue on any question of
law or fact, the court is competent to pronounce the judgment at once without conforming to the
procedure laid down under Order 20.39 If an act is void or ultra virus, it is enough for the court to
declare it so and it collapse automatically. It need not be set aside.40
It is mandate of Order 20, rule 5 that the court shall state its findings or decision with reason
therefore upon each separate issue and all the distinct issues have to be answered by the finding
supported by reason.41 Where the trail court after framing all the issues, simply enumerated the
evidence the evidence of parties and the law and thereafter gave his conclusion whereby the case

36 Swaran Lata v. Harendra Kumar AIR1969 SC 1167.


37 Sri Raghunanda v. Sri Brozo Kishore 9187603 IA 154.
38 Pitamber Prasad v. sohan lal AIR 1957 All 107.
39 Desi Kedari v. Huzurabad Co-operative Marketing Society Ltd.AIR 1994 Ap 301.
40 State of Punjab v. Gurdev Singh (1991) 4SCc 1.
41 Lakshman v. Kamalamma AIR 2001 Kant. 120
18

of one party was accepted and that of the other party was rejected, is no judgment in the eyes of
law.42
Where no reason was given in support of its findings either by the trail court or the first appellate
court, the suit was remanded with direction to hear it and record finding on each issue
separately.43

WHETHER A JUDGMENT CAN BE MODIFIED OR NOT BY THE SAME


COURT
Order 20 Rule 3 of Code of Civil Procedure deals with Alteration of judgment. As for general
rule is concerned a judgment once signed cannot afterwards be amended or altered except;
(i)

to correct clerical or arithmetical mistakes, or errors due to accidental slips or

(ii)

omission (Section 152) ; or


on review (Section144).

As the judgement is pronounced it becomes operational and effective. This means that the said
judgement will come in effect even though it may not be signed by the court. There are
exceptions for this rule. For instance, soon after the judgment is pronounced in court, if a fact
which was not placed before for consideration of the court is brought to its notice by counsel or
any of the parties. If such scenario judge can order for executing the above judgement and the
case can be heard a fresh by the court. If the judgment delivered is intended not to be operative,
good reasons should be given. But the power to alter or modify a judgment delivered but not
signed, should be exercised judicially, sparingly and for adequate reasons. It is only after the
judgment is pronounced and signed, that alterations and additions are not permissible, except
under S15244 or S11445 of the code of criminal procedure, or in very exception cases under S151
of the Code of Civil Procedure.46

42 Omprakash v. State of HP AIR 2001 Hp 18(DB).


43 Sushil Kumar v. Jagdish Ram AIR 2002 NOC 234 (HP).
19

WHEN JUDGMENT BECAME OPERATIVE AND EFFECTIVE


As for operative and effective judgment is concerned only it applicable when it full fill all the
necessary condition of this code regarding judgment. Judgment became operative and effective
only when:1. Pronounce by court of competent authority;- Judgment pronounced by court must be
passed by court of competent authority. This competency depends on their pecuniary,
territorial, nature of suit, original and appellate jurisdiction which the court having.
2. Judgement passed by court is conclusive:- here, conclusive means final. Judgment
passed by court must be determined the right and liability of the parties in a suit which is
conclusive in nature.
3. Judgment must be passed by the judge who pronounce it:- Judgment must be passed
by judge who entertain the suit and in some case it can be passed by the person who
working in the behalf of that judge.
4. Judgment must be pronounced by judge in open court:- Judgment must be
pronounced by judge in Open Court and before the parties of the court.
Once the judgment has been dictated and pronounced in the open court it becomes effective and
operative. No matter whether it has been signed by the judge or not.
44 Amendment of judgment,, decrees or order- clerical or arithmetical mistakes in judgment, decreeees
and orders or errors arising therein from any accidental slip or omission may at any time be corrected by
the court either of its own motion or on the application of any of the party.
45 S. 114 of Code of Civil Procedure Deals with Review.
46 Vinod Kumar Singh v. Banaras Hindu University (1988) 1SCC 80.
20

A judgment not pronounced in Court doesnt operate as Judgment, it operate only as minute or
memoranda by the judge who wrote it. The judgment is valid even it is extremely brief and
unintelligible where a judgment is not pronounced, dated or signed in conformity with the
requirement of the Code, it constitutes a mere irregularity within the meaning of Section 99, if
affords no grad for revision in appeal of the decree based on it.

CONCLUSION
As for judgment is concerned, it is the final stage of the stage of suit. Judgment means the
statement given by judge of the grounds of a decree or order. After the hearing is completed, the
court will pronounce the judgment. It is come prior to the decree when the judgment is passed it
said to be that litigation comes to an end but there are certain condition given under civil
procedure code which must be fulfilled at the time of passing of judgment and in case of non
compliance of that procedure judgment not became operative and effective. Rule 1 to 5 of the
Order 20 deals with judgments and Rule 6-B and 20 provide for furnishing of copies of
Judgment and decree to the parties on application made by them on payment of specified Charge.
Rule 6-B came in to existence after the Amendment Act of 1976 in Code of Civil Procedure
Code. The Object of this Amendment makes it Compulsory for a party filing appeal to annex the
certified copy of the decree to the memorandum of Appeal. Apart from this provision the
judgment also must be passed by court of competent jurisdiction; that judgment must be
conclusive in nature; signed and sealed by the competent court which entertained it and that
judgment must be pronounced in open Court. It is the duty of the court to give decision on each
and every issue which is presented before court for their adjudication and judgment must be
consists of all the decision of the issues with reasoning. Once the judgment is pronounced in
open court it cannot be amended or altered unless and until there is some arithmetical error or
mistake.
21

But in practical day to day life it this procedure not be fulfilled but still judgment is valid and this
is the lacuna of this Act which required to be amended and need to some change.

BIBLIOGRAPHY
BOOKS

1) Tripathi, T.P, Code of Civil Procedure, 2nd edition 2008, Allahabad Law Agency
2) Thakkar,C.K, Code of Civil Procedure, 5th edition, 2003, Eastern Book Company,
Lucknow
3) Singh Avtar, the Transfer of Property Act, Universal Law Publishing Co.
4) Sinha R.K., the Transfer of Property Act, Central Law Agency.

WEBSITES
1) www.manupatra.com
2) www.vakilno1.com
3) www.ebc-india.com
4) www.lexis-nexis.com

22

23