Define the terms Judgment and the Judgment debtor

Question: Define the terms Judgment and the Judgment debtor.

Find the answer to the mains question only on Legal Bites. [Define the terms Judgment and the Judgment debtor.]

Answer

I. Judgment

According to Section 2(9) of CPC, 1908, “judgment” means the statement given by the Judge on the grounds of a decree or order. It refers to what the judge observes regarding all the issues in the matter and the decision on each of the issues. Hence, every judgment consists of facts, evidence, findings, etc., and the conclusion made by the court.

In simple terms, a judgment is the reasoning given by the judge as to why the ‘decree’ was given which explains the legal reasoning that formed the basis for the decree, along with the citation of the relevant case laws, arguments by the counsels, and the conclusions reached by the Court. It forms the concluding part of a civil suit and determines the rights and liabilities of the parties to the suit.

“Judgment – 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.”

Rule 3 of Order 20 of the code states that the judgment should be signed and dated by the judge while declaring it in open court. It further gives provisions that once signed by the Judge, the Judgment cannot be amended or altered afterwards, except to correct the clerical or arithmetical errors caused due to accidental slips or omissions, as mentioned in section 152 of the Code or further during the review.

In Vidya Charan v. Khubchand Baghel AIR 1964 SC 1099, the court stated that the essential elements of a judgment are that there should be a statement for the grounds of the decision. Every Judgment other than that of a Court of Small Causes should contain-

1. A concise statement of the case
2. the points for determination
3. the decision thereon
4. reasons for such a decision.

II. Judgment debtor

According to Section 2(10) of CPC, 1908, “judgment-debtor” means any person against whom a decree has been passed or an order capable of execution has been made.

A person who is liable to pay a debt or damages to the judgment creditor in accordance with a judgment entered by a court against him is called the Judgment debtor. In simple terms, a person against whom a judgment in respect of monetary award has been obtained is regarded as Judgment Debtor.

If a court renders a judgment involving money damages, the losing party must satisfy the amount of the award, which is referred to as judgment debt. Such a decision grants the judgment creditor, the right to recover the debt or award through extraordinary means with the help of the court.

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