Order XX CPC Rules 1 to 7: Judgment and Decree

Rule 1 - Judgment when pronounced

(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. Where 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 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. Where it is not practicable to do so because of exceptional and extraordinary circumstances, the Court shall fix a future day for pronouncement, and such day shall not ordinarily be beyond sixty days from the date on which the hearing was concluded, with due notice to the parties or their pleaders.

(2) Where a written judgment is to be pronounced, it is sufficient if the findings of the Court on each issue and the final order passed in the case are read out; the whole judgment need not be read out.

(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, after necessary corrections, shall be signed by the Judge, bear the date on which it was pronounced and form part of the record.

Rule 2 - Power to pronounce judgment written by Judge's predecessor

A Judge shall pronounce a judgment written, but not pronounced, by his predecessor.

Rule 3 - Judgment to be signed

The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to except as provided by section 152 or on review.

Rule 4 - Judgments of Small Cause Courts and other Courts

(1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon.

(2) 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 - Court to state its decision on each issue

In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding upon any one or more of the issues is sufficient for the decision of the suit.

Rule 5A - Court to inform parties where appeal lies

Except where both 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 filing such appeal, and shall place on record the information so given.

Rule 6 - Contents of decree

(1) The decree shall agree with the judgment; it shall contain the number of the suit, the names and descriptions of the parties, their registered addresses and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit.

(2) The decree shall also state the amount of costs incurred in the suit and by whom, or out of what property and in what proportions, such costs are to be paid.

(3) The Court may direct that costs payable to one party by the other shall be set off against any sum admitted or found to be due from the former to the latter.

Rule 6A - Last paragraph of judgment to indicate relief granted

(1) The last paragraph of the judgment shall state in precise terms the relief granted by such judgment.

(2) 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.

Where the decree is not drawn up within that period, the Court shall, if requested by a party desirous of appealing, certify that the decree has not been drawn up and indicate the reasons for delay.

(a) An appeal may then be preferred against the decree without filing a copy of the decree, and the last paragraph of the judgment shall, for purposes of Order XLI Rule 1, be treated as the decree.

(b) So long as the decree is not drawn up, the last paragraph of the judgment shall be deemed to be the decree for purposes of execution, and the interested party may apply for a copy of that paragraph only. Once the decree is drawn up, the last paragraph ceases to have effect as a decree.

Provided that a copy of only the last paragraph shall indicate the name and address of all parties to the suit.

Rule 6B - Copies of typewritten judgments when to be made available

Where the judgment is typewritten, copies of the typewritten judgment shall, where practicable, be made available to the parties immediately after pronouncement on payment by the party applying for such copy of the charges specified in rules made by the High Court.

Rule 7 - Date of decree

The decree shall bear the day on which the judgment was pronounced, and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.