Decree and

Judgment
Sec. 2 (2),(9) & Sec.-33, Order-XX

C.P.C.- I
By
Dr. Vivek Kumar
 Decree
Sec. 2 (2) & Sec.-33,
Order-XX – (Rules 6 to 8, 20 and 9 to 19)
 Introduction
Decree is the operating part of the judgment and it must be in accord with
the judgment. Section 33 of the C.P.C. makes it clear that decree follows
the judgment. Decree and judgment has been respectively defined under
sub-section (2) and (9) of the section 2 of the C.P.C. and procedural
provisions related to it are specified under Order XX of this Act.
Accordingly section 2(2) of the C.P.C. Students must understand the
following words as its essential elements and its expressions-
Formal expression,
Adjudication,
The Court,
Conclusive determination,
Rights of parties in controversy,
Suit,
preliminary or final decree,
Partly preliminary and partly final Decree.
Deemed to be decree
 Formal expression
The Decree which is passed by the court must be
conclusive. it must be a formal expression of such
adjudication. All the requirement of form must be
complied with. The formal expression must be
deliberated and due in the manner provided by law. The
decree follows the judgment and must be drawn up
separately. Thus, if the decree is not formally drawn up
in the form of judgment, no appeal lies from that
judgment. But the decree must be in accord with the
judgment. So, the decree follows it. Thus, a decree must
determines the disputes of the parties in a suit.
 Adjudication
The legal process to resolve a dispute by pronouncing a
judgment or decree in a court proceeding. It implies a
hearing by a court, after notice to the parties, findings
of legal evidence on the factual issues involved as
judicial determinations of the matters in disputes of the
parties. So, if a suit is dismissed for default of
appearance of parties, or an appeal for want of
prosecution etc. it cannot be considered as adjudication
as court has not determined the matter in controversy
judicially. The adjudications which are not decree may
be orders of the court.
The Court
Section 15 to 25 of the code deals with place of suing.
Section 15 itself talks to institute the suit in the lowest
grade competent court. Court is a place where justice is
administered. To be a court, the person constituting it
must have been entrusted with judicial functions. The
court adjudicate and conclusively determine the rights
of parties in controversy by formal expression.
Deep Chand V. Land Acquisition Officer, AIR 1994
SC 1901, The Apex court held that a decision by an
administrator on administrative nature cannot be
considered as a decision by the court. Thus an order
passed by an officer can not be called as decree.
 Conclusive determination
Conclusive determination means the Decree which
passed by the court must be final in nature. Thus, an
interlocutory order which dose not decide the rights of
the parties finally is not a decree. Preliminary decree
may determine conclusively the rights of the parties
although it may not dispose of the suit. Thus, dismissal
of appeal for default is not decree where dismissal of
appeal as time barred is decree.
The crucial point is required that the decision is final
and conclusive in essence and substance. If it is, it is a
decree, if not, it is not a decree.
 Rights of parties in controversy
The adjudication must have determined the right of the parties with
regards to all or any of the matters in controversy in the suit. The
word “right” means substantive rights of the parties and not merely
procedural rights as relating to status, limitation, jurisdiction, frame
of suit, account, etc.
The term “parties” means parties of the suit, i.e. the plaintiff and the
defendant only. In inter-pleader suits, the contesting defendants will
be deemed to be parties to the suit.
The expression “matters in controversy” refers to the subject-matter
of the suit with reference to which some relief is sought. At the
same time , however, it should not be understood as relating solely
to the merits of the case. It would cover any question relating to
status of a party suing, to the jurisdiction of the court, to the
maintainability of a suit, to other preliminary matters etc. which is
necessary for adjudication.
 The Suit
The word “suit” is not defined under the C.P.C, Section 9 of the
code empowered the courts to try all civil suits if it is not bared by
any law. Hansraj Gupta V. Official Liquidators of the Dehra
Dun-Mussoorie Electric Tramways Co. Ltd, AIR 1933 PC 63.
Privy Council had defined it as the word ‘suit’ generally means and
apart from some other context must be taken to mean, a civil
proceeding instituted by the presentation of a Plaint.
Diwan Bros. V. Central Bank of India, AIR 1976 SC 1503, It was
again observed by the supreme court that a decision of a tribunal,
even though described as ‘decree’ under the Act, is a decree passed
by a tribunal and not by a court which is not accordingly Sec-2(2)
of the code.
Thus, if a proceeding does not start by presenting a plaint, instituted
by making an application or otherwise, then it cannot be considered
as a suit and the adjudication so done by the court will not be
termed as a decree.
 Preliminary and Final Decree
Preliminary Decree:
Section 2(2) which defines the decree states that a decree is
preliminary when further proceeding is remain for completely
disposed of. Thus, preliminary decree is passed when rights of
Parties are adjudicated thereafter in further proceedings those rights
are implemented. It means it is that decree which decides the rights
of the parties, with regard to all or any of the matters in controversy
in suit but does not completely dispose of suit. It declares the rights
and liabilities and final decree comes out in further proceeding.
Final decree:

Section 2(2) which defines the decree states that a decree is final
when the adjudication completely disposes of the suit. It means
final decree is one which completely disposes of the suit and finally
settle all questions in controversy between parties and nothing is
remains to be decide further.
Partly preliminary and partly
final decree
Partly preliminary and partly final decree:
Explanation of Section 2(2) which defines the decree affirms
that a decree may be partly preliminary and partly final. The
issue of a decree being partly preliminary and partly final
arises when the Court decides two question by the same
decree.
As in a suit for possession of immovable property with its
Mesne Profits, if the Court passes a decree of possession of
immoveable property in favour of plaintiff and directs an
enquiry into the mesne profits, then the former part of decree
is final while latter part is preliminary decree because the final
decree for relief of mesne profits can be drawn only after
enquiry.
Deemed decree
Statutory provision itself declares the decree-
Restitution of right-
Rejection of plaint-
It shall be deemed to be a decree, include the
rejection of a plaint Rule 11 order VII and the
determination of any question within section 144,

Rule 11 order VII - rejection of a plaint on certain

grounds.
Section 144- Application for Restitution of decree.
 Contents of a decree
Jagat Dhish Bhargava v. Jawaharlal Bhargava and others,
 AIR 1961 SC 832 ,
The apex court stated that the decree follows the judgment and
according to Rules 6 & 7 of Order XX The decree shall agree with the
judgment and must bear the following points:-
1. The number of the suit
2. The names and description of the parties and their registered
addresses
3. The particulars of their claims
4. The relief to be granted
5. The amount of costs incurred in the suit , and by whom or out of what
property and in what portions are they paid
6. The date on which the judgment was pronounced
7. The signature of the judge.
 Necessity of a decree
The Code requires passing of decree in all suits
 -A decree is an essential part of the final conclusion of the suit.
 -Decree is a final conclusion of a suit.
 -It is extremely Important.
 -It is a formal expression of the adjudication
 -It follows the judgment and dated on its pronouncement.
 -An appeal lies against a decree and not against a judgment.
 - Without a decree an appeal cannot be put in motion.
 -A decree is therefore an absolute necessity.
According to Rule 6-A, A decree should be drawn up within 15 days
from the date of the pronouncement of judgment. If a decree is not drawn
up, an appeal can be preferred without filing a copy of the decree.
A decree should be in the form as prescribed by Appendix D to the
Schedule (First) with necessary variations.
 Judgment
Sec. 2 (9) & Sec.-33,
Order-XX- (Rules- 1 to 7)
 Judgment
Introduction
After trial, when the Court has been heard all the issues, shall pronounce judgment in
the open Court.
About judgment, notice shall be given to parties.
Judgment covers finding of Court on all issues involved in the suit.
On such judgment, decree shall follows.
Judgment is defined under Section 2(9)
Provisions as to judgment is explained under Section 33 and Order XX (Rule 1-7).
Section 2(9) & 33 respectively defines and explains as well as Rules 1 to 7 of Order
XX deals the provisions of the Judgment

The provisions of the Judgment

Section 2(9)- “judgment” means the statement given by the judge on the grounds of a
decree or order.
Section 33- The Court, after the case has been heard, shall pronounce judgment, and
on such judgment a decree shall follow.
Order XX- judgment and decree, Rules-1 to 7
Definition of Judgment
Judgment is defined under section 2(9) of the C.P.C. which says judgment is the statement
given by the Judge on the grounds of a decree or order. Hence every  judgment consists of
facts, evidence, findings etc. and the conclusion of the court.
Again Section 33 expresses that the Court, after the case has been heard, shall pronounce
judgment, and on such judgment a decree shall follow. It means decree always follows the
judgment.
According to section 9, Courts to try all civil suits unless barred. The Courts shall (subject to
the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting
suits of which their cognizance is either expressly or impliedly barred.
Section 2(9) defines judgment as “Judgment means the statement given by a judge on the
basis of a decree or order.”
Elements of Judgment

The essential element of a judgment is that there should be a statement for the grounds of
the decision.
Vidyacharan Shukla v.Khubchand Baghel AIR 1964 SC 1009

In this case it was stated that 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. The reasons for such decision
Orders which are not self contained and cannot be appreciated by an
appellate or revisional court without examining all the records are, therefore,
unsatisfactory and cannot be said to be a judgment in that sense.
Balraj Taneja v. Sunil Madan [(1999) 8 SCC 396 at p.415] the Supreme
Court stated that a judge cannot merely say “suit decreed” or “suit
dismissed”. It is the whole process of reasoning. Even the Small Causes
Courts judgments must be comprehensive which shows that the judge has
applied his mind. The judgment need not to be a decision on all the issues in
a case. The order deciding a preliminary issue conclusively in case is decree.
Shah Babulal v. Jayaben D Kania (1981) 4 SCC 349 in this case the
supreme court stated that an order passed by the Central Administrative
Tribunal cannot be said to be a judgment, even it has been described as such.
Pronouncement of a Judgment
After the hearing has been completed, the court shall pronounce the
judgment in open court, either at once or at some future day, after giving due
notice to the parties or their pleaders as provided under Section 33, order 20
rule-1 of the code.
Once the hearing is over there should not be a gap between the reservation
and pronouncement of judgment.
Section 33 provides that after the case has been heard, the Court shall
pronounce its judgment and on such judgment a decree shall follow. Rules-
1 to 7 of Order XX , lays down the detailed rules regarding the judgment.
Order- XX: Rules 1 to 7
Rule 1 -"Judgment when pronounced”
-The Court, after the case has been heard, shall pronounce judgment in open
Court, where the judgment is not pronounced at once, every endeavour
shall be made by the Court to pronounce the judgment within fifteen days
from the date on which the hearing of the case was concluded.
-Where a judgment is not pronounced within thirty days. the Court shall
record the reasons for such delay and shall fix a future day on which the
judgment will be pronounced.
-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.
- The judgment may be pronounced by dictation in open Court to a
shorthand writer.
- After making correction therein the decree as may be necessary, be signed
by the judge, bear the date on which it was pronounced.
Rule 2 - “Power to pronounce judgment written by judge's predecessor"
- A Judge shall pronounce a judgment written, not by his predecessor.
Rule 3 -"Judgment to be signed”

- The judgment shall be dated and signed by the Judge at the time of pronouncing it,
shall not afterwards be altered or added, to any amendment of judgment regarding
section 152 or Section 114- review of this code.
Surendra singh v. state of U.P. AIR 1954 SC 194 and
Swaran Lata v.Harendra Kumar AIR 1969 SC 1167
the Apex court held that pronouncement of judgment is essential for the
validity of the judgment. The judgment must be based on the grounds and points in the
pleadings only.
State of Maharastra v. R.S. Nayak AIR 1982 SC 1299 the Apex
court stated that the statement of fact recorded in the judgment is conclusive of the
fact. If a party thinks that there is an incorrect recording in the judgment, he should
approach the judge who has recorded the statement and to have it deleted or amended. 
Rule 4 -"Judgments of Small Cause Courts”

-Judgments of a Small Causes Court- points contain only for determination and
decision thereon.
-Judgments of other Courts shall contain concise statement of the case, points for
determination, decision thereon and reasons for such decision.
 Rule 5 - "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
therefore, upon each separate issue, unless the finding upon any one or more of
the issues is sufficient for the decision of the suit.
 Rule 5A - "Court to inform parties as to where an appeal lies in cases where
parties are not represented by pleaders”- Except where both the parties are
represented by pleaders, the Court shall, when it pronounces its judgment in a
case subject to appeal, inform the parties present in Court as to the Court to
which an appeal lies and the period of limitation for the filing of such appeal and
place on record the information so given to the parties.
 Rule 6 "Contents of decree"
(1) The decree shall agree with the judgment, it shall contain the number of the
suit, the names and descriptions of the parties, their registered addresses, and
particulars of the claim, and shall specify clearly the relief granted or other
determination of the suit.
(2) The decree shall also state the amount of costs incurred in the suit, and by
whom or out of what properly and in what proportions such costs are to be paid.
(3) The Court may direct that the costs payable to one party by the other shall be
set off against any sum which is admitted or found to be due from the former to
the latter.
Rule 6A - Preparation of Decree
(1) Every endeavour shall be made to ensure that the decree is drawn up as
expeditiously as possible and, in any case, within fifteen days from the date on
which the judgment is pronounced;
(2) an appeal may be preferred against the decree without filing a copy of the decree
and in such a case the copy made available to the party by the court shall for the
purposes of rule 1 of Order XLI, be treated as the decree but as soon as the decree is
drawn, the judgment shall cease to have the effect of a decree for the purpose of
execution or for any other purpose.
Order XLI  – Appeals From Original Decrees
Rule 1. Form of appeal. What to accompany memorandum- a copy of the
decree appealed from and the judgment on which it is founded.

Rule 6B - "Copies of type written judgments when to be made available”-

Where the judgment is type-written, copies of the type-written judgment shall,
where it is practicable so to do, be made available to the parties immediately after
the pronouncement of the judgment on payment, by the party applying for such
copy, of such charges as may be specified in the rules made by the High Court.
Rule 7 -"Date of decree“- The decree shall bear the day on which the judgment
was pronounced and when the Judge has satisfied himself that the decree has been
drawn up in accordance with the judgment, he shall sign the decree.
 Sangam Lal v. Rent Control and Eviction Officer AIR 1966 All 221
According to Allahabad High Court a judgment delivered in an open court can be
changed, even completely, before it is signed provided notice is given to all parties
concerned and they are heard before the change is made. Reasoning given for this
judgment was that they do not want to interpret the rules too technically and to further
the ends of justice, viewed too narrowly.
 Ishwarbhai v. Vadilal AIR 1968 Guj. 289
The Gujarat High court observed that as soon as the judgment is delivered, that
becomes the operative pronouncement of the Court. The law then provides for the
manner in which it is to be authenticated and made certain. The rules regarding this
differ but they do not form the essence of the matter and if there is any irregularity in
carrying them out it is curable.
The view of Allahabad High Court (1966) was also accepted by the Delhi High Court
in the case of Ram Ralaya v. The Official Receiver AIR 1976 Del. 172
 But the Gujarat High Court (1968) disagreed with this view and was of the opinion that
once a judgment has been pronounced or delivered in an open court, though formal
corrections may be made before the judge signs it, the core of it cannot be altered or
changed so as to modify the order or amend or even set it at naught . Basically judgment
is the final decision of the court intimated to the parties and to all at the large in an open
court. This intention of the court is the final operative decision of the court which
constitutes the decision.
 Text Book :
1. Takwani C.K., Code of Civil Prodecure, Eastern book company, 8 th
Edition 2017
2. Tripathi T.P., The Code of Civil Procedure, Allahabad Law Agency,
29th Edition 2020.

Suggested Reference :
1. Mulla Dinshaw Fardunji , The Code of Civil Procedure, Lexis Nexis,
Wadhwa Book Company, 18th Edition 2013
2. Thakker C.K., Code of Civil Procedure, Eastern Book Company, 1st
Edition (Updated) 2014
3. Tandon M.P., Raghuvanshi S.K, Code of Civil Procedure, Allahabad
Law Agency, 29th.Edition, 2019
4. Nandwani Anil, Law of Civil Procedure Code in India, Allahabad Law
Agency, 1st Edition, 2006
Thank You