Adv.R.
M Shirdhone
ORDER XX | Judgment & Decree |
Section 33
Section 33 of CPC : Judgment and decree.—The Court, after the case has
been heard, shall pronounce
Judgment, and on such judgment a decree shall follow. (decree shall be in
pursuance of such judgment.)
In Order 20, Rules 1 to 5, deal with Judgment and Rules 6 to 19 provide
provisions in relation to decree.
Rule 1 : Judgment when pronounced.—
(1)The Court, after the case has been heard, shall pronounce judgment
in an open Court,
i) Either at once, or
ii) 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:
Provided that where the judgment is not pronounced at once, every
endeavour shall be made by the Court to Pronounce the judgment within
30 days from the date on which the hearing of the case was concluded
But, where it is not practicable so to do on the ground of the exceptional
and extraordinary circumstances of The case, the Court shall fix a future
day for the pronouncement of the judgment, and such day shall not
Ordinarily be a day beyond 60 days from the date on which the hearing of
the case was concluded, and due Notice of the day so fixed shall be given
to the parties or their pleaders.]
(2)Where a written judgment is to be pronounced, it shall be sufficient
if the findings of the Court on each Issue and the final order passed
in the case are read out and it shall not be necessary for the Court
to read out The whole judgment..
(3)The judgment may be pronounced by dictation in open Court to a
shorthand writer if the Judge is
Specially empowered by the High Court in this behalf:
Provided that where the judgment is pronounced by dictation in open
Court, the transcript of the judgment so
Pronounced shall, after making such correction therein as may be
necessary, be signed by the Judge, bear theDate on which it was
pronounced, and form a part of the record.]
Rule 2 : Power to pronounce judgment written by Judge’s predecessor.— t
is mandatory for the Succeeding Judge to pronounce the judgment written
by his predecessor in office.
Rule 3 : Judgment to be signed.— The judgment shall be dated and signed
by the Judge in open Court at
The time of pronouncing it and, when once signed, cannot afterwards be
amended or altered except
(i) To correct clerical or arithmetical mistakes, or errors due to
accidental slips or omissions (Section 152); or
(ii) On review (Section 114).
Vinod Kumar Singh v Banaras Hindu University, AIR 1988 : In a
judgment pronounced in open Court But not signed, alteration or
modification of is permissible only in exceptional cases. In the absence of
Exceptional circumstances such a judgment delivered in open Court must
be taken to be final.
Contents of judgment: Rules 4-5
Rule 4 : Judgments of Small Cause Courts.—
Judgments of Small Cause Courts.—Judgments Of a Court of Small Causes
need not contain more Than
(i) The points for determination.
(ii) The decision thereon.
Judgments of other Courts.—Judgments of other Courts shall contain:
(i) A concise statement of the case.
(ii) The points for determination.
(iii) The decision thereon.
(iv) The reason for such decision.
Trojan & Co v Nagappa, AIR 1953 : The decision of a case cannot be based
on grounds outside the Pleadings of the parties. It is the case pleaded that
has to be found. Without an amendment of the plaint the Court is not
entitled to grant the relief not asked for.
