Question: When and how is the judgment pronounced and signed? Find the answer only on Legal Bites. [When and how judgment is pronounced and signed?] Answer Section 2 (9) of the Code of Civil Procedure, 1908, defines the term judgment. Judgment means the statements made by the judge on the grounds of the decree or order. The judgment includes the grounds or reasons based on which the decree is passed. Hence, the decree is the verdict, and the judgment is the reason for the...
Find the answer only on Legal Bites. [When and how judgment is pronounced and signed?]
Section 2 (9) of the Code of Civil Procedure, 1908, defines the term judgment. Judgment means the statements made by the judge on the grounds of the decree or order. The judgment includes the grounds or reasons based on which the decree is passed. Hence, the decree is the verdict, and the judgment is the reason for the verdict. This reason is called judgment.
According to Section 33 of the CPC, judgment shall be passed after the court has heard the case. Section 33 requires that the court shall hear the case of the parties with respect to a temporary injunction and then pass any judgment or order, etc. Section 33 also provides that the court shall pass judgment and “on such judgment, the decree shall follow”.
This does not mean that the court must hear the entire case and only one judgment can be made, that is, at the end of the trial. It means the court must hear the parties on the point for which the plaintiff is claiming the judgment. It means that after the case is heard and the court has made up its mind about the decision, first, judgment should be passed, and then the decree should be passed. The decree should follow the judgment. It means that the court should give the reasons for making the decree and then pass it.
Order XX deals specifically with the procedure and manner in which judgment and decree are pronounced by the judge, the contents of the decree, and the time when they should be pronounced.
Rule 1 states that the court should pronounce the judgment after it has heard the entire case of the parties. The judgment should always be pronounced in an open court and at once. It means that the judgment should be pronounced in the presence of all the people in the court, along with the parties and their pleaders.
In cases where the judgment is not pronounced on the same day when the case is finally heard, the court shall render a notice to the parties (if they are not present in the court) informing them of the date fixed for the pronouncement of judgment. Such a future date of pronouncing the judgment must be within 30 days from the conclusion of the trial and, in any case, must not exceed sixty days.
The CPC does not provide anywhere for a mandatory written judgment. It means that judgment can be both oral and written, and the court must read and explain the judgment in whatever form. If the judgment is written, the judge need not read out the entire judgment but only the relevant parts and the final order passed in the case.
On the other hand, if the judgment is oral, the court can dictate the judgment, and a stenographer (usually one expert in writing shorthand) can take down the judgment. A transcript is made ready and signed by the judge, and certified copies of the transcript of the judgment shall be served to the parties to be collected from the court.
As aforementioned, a judgment, decree, or order must be signed by the judge who pronounces the judgment. According to Rule 3, a judgment, after being prepared (if it is in writing) should be dated and signed by the presiding officer of the court. The judgment must be signed when it is pronounced, i.e. soon after it is read out to the people in court.
Rule 5 of Order XX requires the court to pronounce separate judgments for all the issues framed. The requirement applies equally to decrees and orders as well. When the court has framed the requisite issues in a suit, it shall pass a decree or order as the case may be according to such issues.
For every issue framed by the court, there must be certain decisions and reasons for the decision to be recorded by the court. The court is entitled to pronounce one single judgment for more than one issue if the court finds that one decision or finding shall be sufficient to dispose of the matter in the suit.
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