Understanding Judgment and Decree in Civil Law

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In civil law, the ultimate goal of any proceeding is to resolve disputes between parties and declare their legal rights and obligations. Two important outcomes of a civil case are the Judgment and the Decree. Though they are closely connected, they are not the same. Understanding their meaning, definition, difference, and types is crucial for anyone studying or practicing civil law in India.

Definition and Meaning of Judgment

The term “Judgment” is defined under Section 2(9) of the Code of Civil Procedure, 1908, which states:

“Judgment” means the statement given by the Judge on the grounds of a decree or order.

In simple terms, a judgment is the reasoned decision of a judge explaining why the court has decided a case in a particular manner. It discusses the facts, evidence, issues, and reasoning which led to the conclusion.

According to Order XX Rule 4(2) of the CPC, a judgment must contain:

• A concise statement of the case,
• The points for determination,
• The decision on each issue, and
• The reasons for such decision.

A judgment must be written, signed, and dated by the judge and pronounced in open court as per Order XX Rule 1 CPC.

Definition and Meaning of Decree

The term “Decree” is defined under Section 2(2) of the CPC, which reads:

“Decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.

In simple words, a decree is the formal declaration of the decision given in the judgment. It expresses the final result of the suit by determining the rights of the parties conclusively.

For example, in a money recovery suit, if the judge decides that the defendant must pay ₹1,00,000 to the plaintiff – the judgment explains the reasoning, while the decree is the formal expression directing payment.

Essentials of a Decree

A valid decree must have the following essentials:

1. Adjudication:
   There must be a judicial determination by a competent court.
2. Determination of Rights:
   It must determine the rights of the parties concerning the matters in controversy.
3. Conclusive Determination:
   The decision must be final, not temporary or tentative.
4. Formal Expression:
   The decision must be expressed formally as required by law.
5. In a Suit:
   The adjudication must arise out of a civil suit, not from any other proceedings.

Types of Decree

Under the CPC, decrees can be categorized as follows:

1. Preliminary Decree:
   When the court determines the rights of the parties but further proceedings are necessary before the case is finally disposed of.
   • Example: In a partition suit, when the court declares the shares of the parties but the actual division remains pending.
   • Relevant provision: Order XX Rule 12–16 CPC
2. Final Decree:
   When the court finally disposes of the suit and nothing remains pending.
   • Example: After actual partition and allotment of shares, the final decree is passed.
3. Partly Preliminary and Partly Final Decree:
   When some part of the matter is finally decided and some part is left for future adjudication.
4. Ex Parte Decree:
   When the defendant does not appear even after due notice, and the court decides in his absence.
   • Relevant provision: Order IX Rule 6 CPC
5. Consent or Compromise Decree:
   When the parties mutually agree to settle their dispute and the court records such compromise.
   • Relevant provision: Order XXIII Rule 3 CPC
6. Decree on Admission:
   When a decree is passed on the basis of admissions made by the defendant in pleadings or otherwise.
   • Relevant provision: Order XII Rule 6 CPC

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Difference between Judgment and Decree

Basis	Judgment	Decree
Definition	Section 2(9) CPC – Statement by the judge on the grounds of a decree or order	Section 2(2) CPC – Formal expression of an adjudication determining rights of parties
Nature	Reasoning or explanation of the decision	Formal and conclusive declaration of the result
Sequence	Pronounced before the decree	Follows after the judgment
Content	Contains facts, issues, evidence, findings, and reasons	Contains the operative part or final decision
Appeal	No direct appeal against judgment	Appeal lies against a decree (Section 96 CPC)
Preparation	Written and signed by the judge	Drawn up by ministerial staff under judge’s direction
Dependency	Judgment can exist without decree (in case of orders)	Decree cannot exist without a judgment

Landmark Case Laws

1. Surendra Singh v. State of Uttar Pradesh (AIR 1954 SC 194)
   The Supreme Court held that a judgment is the final decision of the court, given after due consideration of the evidence and law, and must be in writing, signed, and dated.
2. Shankar v. Chandrakant (1995) 1 SCC 351
   The Court observed that every adjudication of a court is not necessarily a decree; it must conclusively determine the rights of the parties.
3. Ramaswami v. Rangachari (1918) 41 Mad 778
   The Court explained that a preliminary decree determines rights and liabilities but does not completely dispose of the suit.
4. Nagendra Nath Dey v. Suresh Chandra Dey (1932) 59 IA 283 (PC)
   The Privy Council emphasized that a decree is the formal expression of the adjudication which conclusively determines the rights of the parties.
5. Banwari Lal v. Chando Devi (1993 AIR 1139)
   The Supreme Court ruled that a compromise decree has a dual nature – it is both a contract between the parties and a decree of the court.

Importance in Civil Proceedings

The judgment and decree are interdependent and together form the backbone of civil justice.

• The judgment ensures transparency and reasoned decision-making.
• The decree provides legal enforceability to the rights established in the judgment.

A party in whose favor a decree is passed can execute it under Section 36–74 CPC to obtain the benefit of the judgment. Thus, while the judgment provides the reasoning, the decree gives it legal effect.

Conclusion

In summary, a Judgment is the foundation explaining the reasoning of the court, and a Decree is the formal outcome declaring the rights of the parties. The two are inseparable parts of the same judicial process – one representing the thought, and the other the action of the court. Their proper understanding ensures not only academic clarity but also practical wisdom in civil practice.

Also Read: Ex-Parte Decisions under CPC

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References

• Code of Civil Procedure, 1908 – Sections 2(2), 2(9), Order XX.
• Surendra Singh v. State of U.P., AIR 1954 SC 194.
• Nagendra Nath Dey v. Suresh Chandra Dey, 59 IA 283 (PC).
• Banwari Lal v. Chando Devi, AIR 1993 SC 1139.
• C.K. Takwani, Civil Procedure with Limitation Act, Eastern Book Company.
• Mulla, Code of Civil Procedure, LexisNexis, 19th Edition.

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