Question: What judgment should contain? Find the answer only on Legal Bites. [What judgment should contain?] Answer Rule 4 (2) of Order XX of Code of Civil Procedure 1908 states that Judgments of Courts other than Small Cause Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for… Read More »

Question: What judgment should contain? Find the answer only on Legal Bites. [What judgment should contain?] Answer Rule 4 (2) of Order XX of Code of Civil Procedure 1908 states that Judgments of Courts other than Small Cause Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Moreover, Rule 5 Order XX provides for the “Court to state its decision on each issue“: In suits in which issues...

Question: What judgment should contain?

Find the answer only on Legal Bites. [What judgment should contain?]

Answer

Rule 4 (2) of Order XX of Code of Civil Procedure 1908 states that Judgments of Courts other than Small Cause Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.

Moreover, Rule 5 Order XX provides for the “Court to state its decision on each issue“:

In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit.

Also, as per rule 6A (1) of Order XX, The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment.

Thus, according to the combined reading of Rule 4 (2), Rule 5, and Rule 6A (1) Order XX provides that the following should be the contents of a judgment:

  1. Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon are satisfactory as such.
  2. Summary of the pleadings which is a concise statement of the case;
  3. Issues which are the points for determination;
  4. Findings on each issue and the decision thereon;
  5. Ratio decidendi (reasons for such a decision); and
  6. The remedy is the relief granted.

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Updated On 2022-04-15T05:46:47+05:30
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