Judgement means the reasoning given by the court in order to support its decision. No special paramount is given to judgment except saying that it represents the reason the led the court to its decision. According to Wharton’s law lexicon, judgment is A judicial determination putting an end to the action by any award or redress to one party or discharge of the other as the case may be.

Definition: Judgment is defined under sec. 2(9) of the Civil Procedure Code as follows:

Judgment means the statement given by the judge on the ground of a decree or order.
A judgment is said to be the final decision of the court on the said matter before the court in the form of suit towards parties and to the world at large by formal pronouncement in open court. Order 20, Rule 4(2) says that a judgment shall contain a concise statement of the case, the points for determination, the decision thereon and all the reasons for such decision.

Judgment: The court, after the case has been heard, shall pronounce judgment in open court either at once or as soon thereafter as may be practicable, on some future day and when the judgment is to be pronounced on some future day, the court shall fix a day for the purpose of which due notice shall be given to the parties or their pleaders. [1] It is not necessary that the court shall read out the whole judgment but may only pronounce the result of the case or read the operative portion of the judgment. The judge is not expected to write his judgment before the finishing of the entire evidence and hearing the arguments of counsel and if he does so he commits a gross irregularity in the trial of the case as mention in Mst. Kaushilya v. Arat Lal. 1933.

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. [2]

Provided that when the judgment is not pronounced at once, every endeavour 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.

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 as may be necessary, be signed by the Judge, bear the date on which it was pronounced, and form a part of the record. [4] A Judge shall pronounce a judgment written but not pronounced by his predecessor. [5]

Contents of Judgment: Judgments of courts other than small causes shall contain:

1. A concise statement of the case
2. The points for determination
3. The decision thereon
4. The reasons for the decision

Judgments of a Court of Small Cause need not contain more than (b) and (c) i.e. the points for determination and the decision thereon. [6] In suit, 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. [7]

It is not sufficient for the trial court merely to state in its judgment that on a careful consideration of the evidence it has come to this or that conclusion. The material evidence on a particular issue for and against the parties to the suit must be set out in the judgment and reasons stated for its acceptance or rejection. [8] A court not only to state the points for determination and the decision thereon but also to give reasons for such a decision. [9]

Where the judgment is extremely brief and unintelligible it is invalid. Judgment of a Court of Small Causes need contain only the points for determination and the decision thereon. But where they are lacking the judgment is liable to be set aside.

Where the judgment in a small cause court suit is not supported by the evidence as recorded and the evidence has not been recorded in such a way as to enable the High Court to form any opinion as to the respective cases of the parties before the court and what material circumstances the court has relied upon in support of the judgment, the judgment is liable to be set aside in revision.

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. [10]

The last paragraph of the judgment shall state in precise terms the relief which has been granted by such judgment.

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 but where the decree is not drawn up within the time aforesaid, the court shall, if requested so to do by a party desirous of appealing against the decree, certify that the decree has not been drawn up and indicate in the certificate the reasons for the delay, and thereupon-

1. an appeal may be preferred against the decree without filing a copy of the decree and in such a case the last paragraph of the judgment shall, for the purposes of rule 1 of the Order XLI, be treated as the decree.
2. so long as the decree is not drawn up, the last paragraph of the judgment shall be deemed to be the decree for the purpose of execution and the party interested shall be entitled to apply for a copy of that paragraph only without being required to apply for a copy of the whole of the judgment, but as soon as a decree is drawn up, the last paragraph of the judgment shall cease to have the effect of a decree for the purpose of execution or for any other purpose.

Preparation of decree:[11]

1. Every endeavour shall be made to ensure that the decree is drawn up as expeditiously by 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 purposes of execution or for any other purpose.

Copies of judgment when to be available. [12] Where the judgment is pronounced, copies of the judgment shall be made available to the parties immediately after the pronouncement of the judgment for preferring on appeal on payment of such charges as may be specified in the rule made by the High Court.

Judgment in rem:

A judgment in suit under Section 92. C.P.C has conclusive effect as against the entire world, either as a judgment in rem or, in the alternative, by treating the whole world as a party to the suit. A suit under Section 92 C.P.C. can be maintained only in respect of a public trust of a permanent character and the judgment in such, a suit would be judgment in rem and not a judgment in personam.

If nobody raises any objection in a suit with regard to the public or permanent nature of trust, then after the decision given by the District Judge holding the property to be a public trust and laying down a scheme for its administration it is not open to any party to challenge the permanent nature of the trust. [13]

Where there is a public trust and the District Judge has appointed a person as trustee in suit brought against the then trustee, it is not open to a third party to claim that the District Judge should not have appointed the person so appointed by him but should have appointed some others who had a better claim. To that extent a decree under Section 92 C.P.C. is binding not only on those who are parties to the suit but also others.

Reference:

1. Sudipto Sarkar and V. R. Manohar, Code Of Civil Procedure, (LexisNexis, Haryana, 11th edn., 2006).
2. https://en.wikipedia.org/wiki/Judgment_(law)
3. https://lawcorner.in/the-essentials-of-judgment-under-code-of-civil-procedure/

End Notes:

1. Order 20, Rule 1
2. Order XX, Rule 1 (1)
3. Order 20, Rule l (2)
4. Order 20, Rule l (3)
5. Order 20, Rule 2
6. Order 20, Rule 5
7. Order 20, Rule 5
8. Amber Ali v. Nichar Ali (A.I.R. 1950 Assam, 79)
9. Order 20, Rule 4
10. Order 20, Rule 5-A
11. Order XX, Rule 6-A
12. Order XX, Rule 6-B
13. The Sunni Central Board of Waqf v. Sirajul Haq Khan, (1953 A.L.J. 587)