Meaning of Judgment

Statement given by the Judge

According to Section 2(9) of the Code of Civil Procedure, 1908, a "judgment" means the statement given by the judge on the grounds of a decree or order. It is the formal expression of the decision of the court and includes the reasoning that led to the conclusion.

Contents of Judgment

Reasoning of the Court

The judgment must contain:

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

This ensures transparency and allows the parties to understand the basis of the court’s ruling. The judgment must be pronounced in open court and signed by the judge delivering it.

Meaning of Decree

Formal expression of adjudication

A decree is defined under Section 2(2) of the Code of Civil Procedure, 1908 as 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. It follows the judgment and must be drawn up accordingly.

Types of Decrees

Preliminary Decree

A preliminary decree decides the rights of the parties but does not completely dispose of the suit. Further proceedings are needed before the final disposal.

Final Decree

A final decree conclusively determines the rights of the parties and completely disposes of the suit.

Ex parte Decree

An ex parte decree is passed when the defendant fails to appear despite due service of summons, and the court proceeds in his absence.

Decree passed by consent

A consent decree is passed when both parties agree to settle the dispute and request the court to pass a decree in accordance with the terms of the settlement.

Meaning of Decree Holder and Judgment Debtor

Decree Holder: A person in whose favour a decree has been passed is called the decree holder.

Judgment Debtor: A person against whom a decree has been passed is called the judgment debtor.