Unit 2.9 and 2.10 CPC

Judgement is the final decision of the
court which determines the rights

and obligations of the parties to
the suit. It is an essential part of the
judicial process and is on the
bindinyatailed
parties involved. Let's take a
look at the essentials of a judgment,
pronouncement of judgment, copy of
judgment and alteration of judgment
with orders and rules under the CPC:
Essentials of a Judgment:
1. Title and name of the court
2. Name and description of the parties
3. A clear and concise statement of the
facts of the case
4. The issues and points of law which
arise for consideration
5. Discussion of the evidence
presented by the parties with
relevant legal principles
6. The application of the law to the
facts of the case
7. The findings andconclusion of the
Court with its reasons
8. The relief granted to the parties and
COst if any
9. The date of judgment and signature
of the judge
Pronouncement of Judgment:
After the judgment is ready, the court
will pronounce it in open court. The
judgment willbe based on the grounds
of the case and the evidence put forth
by the parties. The judgment will be
signed and dated, and copies of it willbe
sent to the parties.
Copy of Judgment:
The court is bound to givea copy of the
judgment to each of the parties to the
suit. The copy of the judgment will be
certified by the judge or the officer of
the court. The parties can also request
for additional copies of the judgment
if needed. The copy of the judgment
plays a crucial role in the execution and
enforcement of the judgment.
Alteration of Judgment with Orders and
Rules under CPC:
Once a judgment has been passed, the
court has the power to alter or modify it
under certain circumstances. If the court
realizes that there was an error in the
judgment or if new evidence has come
up, it can alter or modify its judgment.
However, the alteration or modification
should be within the scope of the
original judgment.
The rules under the CPC also provide for

the followingorders to be included in a
judgment:
1. Decree - a formal expression of an
adjudication which conclusively
determines the rights of the parties.
2. Order - adetermination of the court
in some interlocutory proceedings or
applications.
3. Rule - an instruction or direction
given by the court to the parties to
follow.
Inconclusion, a judgment is an
essential part of the judicial process
that outlines the court's findings and
decision on adispute. Pronouncement
of judgment in open court is crucial to
ensure transparency, and a copy of the
judgment is essentialfor its execution
and enforcement. The court has the
power alter or modify its judgment,
but it should be within the scope of
the original judgment. The rules under
the CPC also provide for various orders
like decree, order, and rule that may be
included in the judgment.
Adecree isa formal expression of
an adjudication that conclusively
determines the rights of the parties in
acivil suit. It is the final order given by
a court after hearing and considering
allthe facts and evidence presented
by the parties in the case. The Code
of Civil Procedure (CPC) lays down the
essentials of a decree which must be
followed while passing a decree. Let's
take a closer look at the essentials of a
decree under the CPC:
1. Date: The decree must have
aspecificdate on which it is
pronounced.
2. Jurisdiction: The decree must
specify the name of the court
that has passed it, along with its
territorial and pecuniary jurisdiction.
3. Parties: The decree must clearly
identify the parties involved in the
suit.
4. Facts: The decree must contain a
brief statement of the facts that led
to the filing of the suit.
5. Issues: The decree must identify the
issues raised by the parties and the
evidence presented to the court.
6. Findings of the court: The decree
must contain the findings of the
court on each of the issues raised by
the parties.
7. Conclusions:The decree must
contain the conclusions reached by
the court based on its findings.
8. Relief: The decree must specify the
relief grantedto the successful party
or parties.
9. Costs: The decree must specify
the costs of the Suit, including any
fees and expenses incurred by the
parties.
10. Signatures: The decree must be
signed by the judge or judges who
passed it.
Inconclusion, a decree is a formal
order that conclusively determines
the rights of the parties ina civil suit.
The essential elements of a decree
under CPC are the date on which it is
pronounced,the jurisdiction of the court,
the identification of the parties involved,
a brief statement of the facts, the issues
raised by the parties, findings of the
cOurt, conclusions, relief granted, costs,
and signatures of the judge or judges.
Adherence to these essentials is crucial,
as any deficiency may render the decree
ineffective.
Judgement and decree are two
legal terms that are often used
interchangeably, but they have distinct
meanings in the context of the Code of
Civil Procedure (CPC). Both the terms are
important as they are part of the final
decision of the court in any civil suit.
Let's take acloser look at the difference
between Judgement and Decree.
1. Meaning: Ajudgement is a
statement that contains the court's
decision on the matter at hand. It
usually includes a detailed analysis
of the facts and legal issues involved
in the case.On the other hand, a
decree isthe formal expression
of the court's decision based on
the judgement. It is the final order
given by the court fter hearing
and considering allthe facts and
evidence presented by the parties in
the case.
2. Contents: Ajudgement typically
includes a detailedanalysis of the
evidence presented by the parties,
the legal issues involved, and the
cOurt's conclusions based on those
issues. A decree, on the other hand,
typically contains the formal order
of the court regarding the actions
the parties must take to resolve the
dispute. It also includes the relief
provided to the successful party or
parties.
3. Binding effect: Ajudgement is
binding on the parties involved
inthe case, and it serves as a
precedent for future cases on similar
legal issues. However, a judgement
does not have a bindingeffect until
a decree is passed. A decree, once
passed, is enforceable, and it binds
the parties involved inthe case.
4. Scope of appeal: Ajudgement is
appealable to a higher court, but
a decree is the subject matter of
appeal. A party aggrieved bya
decree can file an appeal in the
higher court, but aparty cannot
appeal a judgement alone.
In conclusion, while judgement and
decree are related legal terms, they have
different meanings and implications.
Ajudgement is the court's decision
on the matter at hand, while a decree
is the order given bythe court based
on the judgement. Ajudgement is not
enforceable untiladecree is passed, and
a decree is the subject matter of appeal. I
Knowing the difference between these
terms is essential for any party seeking
legal remedies in civil cases.

Unit 2.9 and 2.10 CPC

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Unit 2.9 and 2.10 CPC

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Judgement is the final decision of the

court which determines the rights

The rules under the CPC also provide for

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