ThecCode of Civil Procedure,1908 (CPC), serves as the bedrock of procedural law in India, regulating the conduct of civil cases from their initiation to their conclusion. One of the fundamental components of any civil litigation under the CPC is the judgment. A judgment signifies the final decision rendered by a court after evaluating the evidence, arguments, and legal principles pertinent to a case.
Definition:
Section 2(9)
“Judgment”
means the statement given by the judge of the grounds of a decree or order.In the words of Vivian Bose,J., 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”.
Essentials
of the judgement
According to Order 20 of the CPC, a judgment must embody several essential elements:
A concise statement of the case: The judgment must lay down the facts and
circumstances in a concise manner.
The points for Determination: The judgment must identify and enumerate the specific
issues or questions that form the crux of the dispute.
The decision Thereon: It should clearly articulate the court’s conclusions on each
of the points raised, indicating whether they are upheld or dismissed.
The reasons for the Decision: The judgment must provide a reasoned exposition
of the grounds and considerations that underpin the court’s findings and
conclusions.
A judgment of a Court of Small Causes may contain only the points for
determination and the decision thereon.
As the Supreme Court in Balraj Taneja v. Sunil Madan, a judge cannot merely say “Suit decreed” or “Suit dismissed”. The whole process of reasoning has to be set out for deciding the case one way or the other.Even the Small Causes Court’s judgments must be intelligible and must show that the judge has applied his mind. The judgment need not, however, be a decision on all the issues in a case.
Pronouncement of judgment After the hearing has been completed,the court shall pronounce the judgment in open court,either at once or on some future day,after giving due notice to the parties or their pleaders.Once the hearing is over,there should not be a break between the reservation and pronouncement of judgment.
There was a persistent demand all over India for imposing a time limit for the delivery of a judgment after the conclusion of hearing of a case as there was no time limit provided before the Amendment Act of 1976.
The joint committee, therefore , suggested that a time-limit should be prescribed for delivery of judgments after the conclusion of the hearing of cases. Accordingly, it is provided that if a judgement is not pronounced at once, it should ordinarily be delivered within thirty days from the conclusion of the hearing. Where, however, it is not practical to do so due to exceptional and extraordinary circumstances, it may be pronounced within sixty days. Due notice of the day fixed for pronouncement of judgment shall be given to the parties or their pleaders.Rule 2 enables a judge to pronounce a judgment which is written but not pronounced by his predecessor.
A reference in this connection made to a decision of the Supreme Court in Anil Rai versus state of Bihar. In that case, after the arguments of the council were over, but the judgment was reserved by the high court, which was pronounced after 2 years, the action was strongly deprecated by the Supreme Court.The Court was conscious that for High Courts no particular period was prescribed for pronouncement of judgment, but the judgment must be pronounced expeditiously.
Pronouncement of a judgment is essential for the validity of the judgment. It is a judicial act which must be performed in a judicial way. Small irregularities in the manner of pronouncement or the mode of delivery may not matter much but the substance must be present and it should neither be vague nor left to inference or conjecture. Finally, all judicial pronouncements must be truly judicial in nature and should not depart from sobriety, moderation and reserve. The language of the judgement should be dignified and restrained. Disparaging and defamatory remarks should not be made and, even where criticism is justified, it must be in the language of utmost restraint, keeping in mind that the person making the comment is also a human being and fallible.
After the judgment is pronounced, copies of the judgment should be made available to the parties immediately on payment of charges.
Alteration
in judgement
A judgement once signed cannot afterwards be amended or altered except
1) To correct clerical or arithmetical mistakes or errors due to accidental slips or omissions (Section 152)
2) On review (Section 114)
Conclusion
In essence, judgments under the CPC serve as a cornerstone of India’s civil justice system, embodying the principles of fairness, equity, and due process. They provide a definitive resolution to disputes, safeguarding the rights and interests of litigants while upholding the rule of law. By adhering to the procedural framework outlined in the CPC, courts can administer justice efficiently and uphold the integrity of legal proceedings.