Judgment is defined in 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. Judgment refers to what the judge writes 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 of the court.

The court, after the completion of the hearing, either at that moment or one other day pronounces the judgment. The judgment forms the concluding part of the civil suit and determines the rights and liabilities of the parties. In the legal world, the judgment given by any court followed by its decree plays a vital role to define the scope and limitations of the individual.

The Court, after the case has been heard, shall pronounce judgment, and on such judgment, a decree shall follow. Sec. 33 of the C.P.C describes the term ‘Judgement and Decree’ together.

According to Rule 4 Order XXof C.P.C, 1908:

• Judgments of a Court of Small Causes are satisfactory if they contain the points for determination and the decision thereon.
• Judgments of other Courts shall contain:

1. Summary of the pleadings which is a concise statement of the case;
2. Issues which are the points for determination;
3. Findings on each issue and the decision thereon;
4. Ratio decidendi (reasons for such a decision); and
5. The remedy is the relief granted.

Alteration of a judgment

Once a judgment is dated and signed by the judge it can only be altered or amended if:

• There are arithmetical or clerical errors. (clerical errors refer to the errors made by clerks and arithmetical errors refer to errors made in numbers such as addition, subtraction, multiplication, and division).
• There are errors due to accidental slips or omissions (these errors take place when some essential element is left unnoticed) (Sec.152) on a review (Sec. 114).

Copy of the judgment

Once the judgment is pronounced the copies of that particular judgment should be immediately made available to the parties on payment of costs as specified, by the party applying for such copy, of such charges as may be specified in the rules and orders made by the High Court (H.C.) Such a rule is specified in Order XX Ruloe 6-B of the Code of Civil Procedure, 1908

If a judgment is not pronounced immediately then it must be pronounced within 30 days from the date of the conclusion of the hearing. However, sometimes it so happens that due to exceptional and extraordinary reasons like a bank holiday, strike, or some other situation it may be delivered within 60 days from the conclusion of the hearing. It is not mandatory for a judge to read out the whole judgment and it would be enough if only the final order is pronounced. The judge shall put the date on which the judgment was pronounced along with his signature. Rule 2 Order XX of the Code of Civil Procedure, 1908 provides a judge with the right to pronounce the judgment which is already written but is not pronounced by his predecessor.

Difference between Judgment and Decree