Bailabel Type : bailable

Description

Order 20 of the Civil Procedure Code (CPC) outlines the rules related to the judgment and decree in civil suits. A judgment is the formal decision given by the court after hearing the case, while a decree is the formal expression of the decision of the court. The purpose of this order is to ensure that decisions in civil cases are recorded and executed properly, providing clarity and finality in the legal process.

Key Provisions of Order 20 - Judgment and Decree

Rule 1: Judgment to Be Pronounced

• Pronouncement of Judgment:
  A judgment must be pronounced by the court after the case has been heard. The judgment can be given in open court or in writing, and the court must record the decision regarding the case.

  • The judgment can be pronounced immediately after the conclusion of arguments, or it can be reserved for a later date if the judge needs more time to deliberate.
  • The judgment must clearly state the court’s reasoning for the decision and the final result of the suit.

• Time for Pronouncement:
  If the judgment is not pronounced immediately, the court is required to pronounce the judgment within a reasonable time. The court may adjourn the pronouncement of judgment, but it must be done in a time-bound manner to avoid unnecessary delays.

Rule 2: Judgment to be in Writing

• Written Judgment:
  The judgment must be in writing and should contain:
  1. The names of the parties involved.
  2. A summary of the case and issues.
  3. The facts and evidence presented.
  4. The legal principles applied.
  5. The conclusion or decision reached by the court.
  The written judgment provides a clear record of the reasoning behind the decision, which is essential for appeals and further legal action.

Rule 3: Date of Judgment

• Date of Pronouncement:
  The court must fix a date for the pronouncement of judgment. If the judgment is reserved, the court should inform the parties of the date on which the judgment will be delivered.

• Impact of Delay:
  Any undue delay in the pronouncement of judgment must be justified by the court. Failure to pronounce judgment within a reasonable time can lead to procedural challenges or cause an inconvenience to the parties involved.

Rule 4: Judgment When Appeal is Possible

• Right to Appeal:
  The judgment passed by the trial court can usually be appealed by the aggrieved party. The appeal must be filed within a specified period, typically 30 days from the date of the judgment. This rule ensures that the parties understand the finality of the decision and their rights to appeal.

Rule 5: Decree

• Decree Defined:
  A decree is a formal expression of the court’s decision in a suit. It is not the judgment itself but rather the final order or outcome of the judgment. The decree is what is enforceable, meaning that it is the judgment that can be executed by the court.

  • The decree must be drawn up in accordance with the judgment, and it should state the relief granted, such as damages, specific performance, or injunction.

• Types of Decrees:
  There are three types of decrees:

  1. Preliminary Decree: A decree that requires further proceedings to be completed before the final decree is made (e.g., in partition suits).
  2. Final Decree: A decree that fully disposes of the suit and concludes the litigation.
  3. Consent Decree: A decree based on an agreement between the parties.

Rule 6: Contents of Decree

• Details in a Decree:
  A decree must contain the following:

  1. The names of the parties.
  2. The relief granted.
  3. The court’s order regarding costs.
  4. Any other necessary details as required by the nature of the case.

• Execution of Decree:
  The decree is what the party can enforce by applying to the court for execution. Once the decree is made, the winning party can apply to the court to enforce the terms of the decree, which could include actions like attachment of property or other legal measures to ensure compliance.

Rule 7: Signing of Decree

• Decree to Be Signed by Judge:
  The decree is to be signed by the judge who delivered the judgment. The signing of the decree gives the judgment legal validity and allows it to be enforced.

• No Decree Without Judgment:
  A decree cannot be drawn up without the judgment being made. The judgment is the foundation upon which the decree is based.

Rule 8: Preparation of Decree

• Preparation and Issuance:
  After the judgment is pronounced, the party in whose favor the judgment has been passed typically prepares the decree, following the specific rules laid down in the CPC. The court will then sign the decree, and it becomes an official document that can be executed.

Rule 9: Correction of Decree

• Correcting a Decree:
  If any clerical or arithmetical mistakes are found in the decree, the court may correct the same by passing an order. A decree can also be amended if it does not reflect the court’s judgment correctly.

Punishment

Failure to Comply with Decree:
If a party fails to comply with the decree, the court may order the execution of the decree. This may involve various measures, including the attachment of property or imprisonment for contempt of court.

Delay in Pronouncement of Judgment:
If the court fails to pronounce judgment within a reasonable time or if there is an unreasonable delay in drawing up the decree, the party may file a petition seeking directions from the higher court.