Introduction

In the words of Justice Vivian Bose, a judgment may be said to be the final decision of the Court intimated to the parties and to the world at large by formal pronouncement or delivery in open court.

• Section 2(9) and Rules 1 to 5 of Order XX of the Civil Procedure Code, 1908 (CPC) deal with judgments.

Definition of Judgment

• Section 2(9) of CPC defines judgment.
• It states that judgment means the statement given by the Judge on the grounds of a decree or order.

Essentials of Judgment

• There should be a statement for the grounds of the decision.
• Every judgment other than that of a Court of Small Causes should contain:
  • A concise statement of the case.
  • The points for determination.
  • The decision thereon.
  • The reasons for such a decision.
• A judgment of a Court of Small Causes may contain:
  • The points for determination.
  • The decision thereon.
• The judgment need not be a decision on all the issues in a case.
• An order deciding a preliminary issue in a case is a judgment.

Pronouncement of Judgment

• Rule 1 of Order XX of CPC deals with the pronouncement of judgment. It states that-

(1) The Court, after the case has been heard, shall pronounce judgment in an Open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders.

Provided that where the judgment is not pronounced at once, every endeavor shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.

(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise.

(2) 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 are read out and it shall not be necessary for the Court to read out the whole judgment.

(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf.

Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.

• All judicial pronouncements must be truly judicial in nature and should not depart from sobriety, moderation and reserve.
• The language of the judgment should be dignified and restrained.
• Disparaging and defamatory remarks should not be made and even where criticism is justified, it mut be in the language of utmost restraint.
• Rule 2 of Order XX of CPC states that a judge shall pronounce a judgment written, but not pronounced, by his predecessor.

Judgment to be Signed

• As per Rule 3 of Order XX of CPC, the judgment shall be dated and signed by the Judge in the Open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by Section 152 of CPC or on review.

Contents of Judgment

• Rule 4 of Order XX of CPC states that the judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.
• Rule 4 further states that the judgments of other Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision.
• Rule 5 of Order XX of CPC states that 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.

Copy of Judgement

• After the judgment is pronounced, copies of the judgment should be made available to the parties immediately on payment of charges.

Case Law

• In R.C. Sharma v. Union of India (1976), the Supreme Court observed that the CPC does not provide a time limit for the period between the hearing of arguments and the delivery of a judgment. Nevertheless, we think that an unreasonable delay between hearing of arguments and delivery of judgment, unless explained by exceptional or extraordinary circumstances, is highly undesirable even when written arguments are submitted.