Judgment and its Content

The hearing of the case by the court having jurisdiction over the dispute means the entire proceedings of the trial before the court, which include the following: pleadings of both parties; issues framed by the court based on pleadings; evidence given before the court by both parties; cross-examination of the witnesses of the opposite parties; and arguments submitted by both parties in their favor. Then, after hearing the arguments of both parties, the presiding judge of the court reserves his order or judgement. This reservation of order is called the conclusion of the hearing. Then expeditiously, within 30 days of the conclusion of the hearing in a particular case and the reservation of the order or judgement, the court shall pronounce its judgement in open court.

It is important to note that many of the terms may not be easily understood by a person who is not so familiar with the entire legal proceedings before the court. So never mind; you will gradually understand all these as you proceed further in reading the article.

Legal Provisions for Suit Institutions

It will be worthwhile to mention the steps of the proceedings before the civil court. First of all, the party who is aggrieved shall file a suit before the court having jurisdiction. The suit consists of a plaint along with documents relied upon by the party. This is called the institution of a suit before the court.

The relevant provisions that are applicable for the institution of the suit are provided under Section 26 read with Order IV of the Code of Civil Procedure of 1908.

Provision for Summoning the Parties

After the institution of a suit, a notice is issued to the defendant, or respondent, who is the opposite party against whom the suit is filed. The notice so issued is to be served upon the respondent at the address given in the plaint. Upon receipt of the copy of the plaint and notice issued by the court, the other party appears before the court and files a written statement as a reply to the facts mentioned in the plaint along with the documents upon which the respondent relied in his favor. The relevant provisions that are applicable for the summoning of the defendant to the suit are provided under Sections 27, 28, and 29 read with Order V of the Code of Civil Procedure of 1908.

Provisions for Framing Issues

Then comes the second stage of the proceeding, where, upon the basis of the facts mentioned in the petition and in the written statement, the disputed facts between the parties are fixed and placed in the form of questions to be decided. This is called the framing of issues.

The relevant provisions that are applicable for the framing of issues in the suit are provided under Order 14 of the Code of Civil Procedure.

Provision for Recording the Evidence of the Witness in the Suit

After the framing of issues, the first party, which is the plaintiff, is called upon to present evidence in his favour supporting his case. The other party has the opportunity to test the truthfulness of the witness and the evidence given by that witness. This process is called cross examination of the witness. Then, after the conclusion of the plaintiff’s evidence, the respondent is given an opportunity to place before the court evidence in his favor, and the opportunity is given to the plaintiff as the first party to test the truthfulness of the witness and the evidence given by that witness.

The relevant provisions that are applicable for the recording of the evidence of the witness in the suit are provided under Order 18 of the Code of Civil Procedure.

Provisions for the Final Argument

Following the completion of both parties' evidence, the next stage of the proceeding is to argue the case in their favor. Both parties are given the opportunity to submit arguments before the court, whereupon the pleaders of both parties read the facts mentioned in the plaint and all the evidence that supports their respective case.

The relevant provisions that are applicable for the final argument in the hearing of the suit are provided under Rule 2 of Order 18 of the Code of Civil Procedure of 1908.

Provisions for the Pronouncement of Judgment

After hearing the final argument, the court comes to the end of the proceedings and either passes its judgment at once in open court or reserves its judgement to be pronounced expeditiously within 30 days from the day on which the final argument has been heard. After the pronouncement of judgment the trial of the suit is said to have been concluded, and this is called the end of the trial.

The relevant provisions that are applicable for the pronouncement of judgment in the suit are provided under Order 20 of the Code of Civil Procedure.

Content of the Judgment

So our topic is what the contents of the judgement are. The judgement comprehensively includes a brief statement of the facts mentioned in the plaint and a brief statement of the replies to those facts mentioned in the written statement. Then it mentions the issues framed for determination of the dispute, then it mentions the evidence given by the parties, and then it mentions the argument of the respective pleaders of the parties. Thereafter, the court shall give its reasoning upon each of the issues framed and the evidence to prove the facts brought to its attention by the parties. The judge then arrived to decide the issue in favour of either party. After having decided all the issues one by one in the said manner, the court then decides the case conclusively, either partly or wholly in favour of one or the other party.

The judge deciding the case will dictate the entire judgement in the above-mentioned manner, to the stenographer, who will then prepare a written, typed copy of the entire judgment. After thoroughly reviewing the judgement for errors and omissions, the judge will sign it and date it.

The relevant provisions that are applicable to the contents of the judgement passed in the suit are provided under Order 20 of the Code of Civil Procedure.

Preparation of Decree

After the judge has given the judgement a decree sheet is prepared in the civil matters. The decree sheet shall precisely state what effect is to be given to the judgement between the parties.

The decree, as defined in Code of Civil Procedure Case 1908, means the formal expression of adjudication, which, so far as the court expressing it is concerned, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit, and it may be either preliminary or final.

The relevant provisions that are applicable for the preparation of a decree and its contents are provided under Rules 6 and 6A of Order 20 of the Code of Civil Procedure.

Execution of a Court Order

The decree passed in the civil suit precisely contains what has been decided by the court and in whose favor. So, once it has been determined who will receive what. It is time to give effect to the words of the decree by actually delivering the property, money, or whatever else has been granted to the winning party. So for this, an execution application is to be filed before the court that passed the decree. Upon this, the court compels the losing party to cause possession of the property and money to be delivered to the winning party, who is called the decree holder. The losing party is called a judgment debtor.

The relevant provisions that are applicable for execution of a decree passed by the court in a civil suit are provided under Sections 36 to 74, read with Order 21 of the Code of Civil Procedure.

Conclusion

This way, the judgment mentions all the things that have happened during the trial. So the judgement contains a brief mention of the parties' pleadings, the issues before the court, and the evidence given by both parties, the advocate's argument, the court's reasoning in deciding an issue, and what has been decided in favour of the respective party at the conclusion of the judgment. The document prepared in writing and signed by the judge with the date of signing it, is called a judgment.

Frequently Asked Questions

Q1. What provisions of the Code of Civil Procedure are applicable for the summoning of the parties and witnesses to appear before the court?

Ans: The provisions under sections 27, 28, and 29, read with Order V of the Code of Civil Procedure, are applicable for the summoning of the parties and witnesses to appear before the court.

Q2. What provisions of the Code of Civil Procedure are applicable for leading the final argument in the hearing of a case before the court?

Ans: The provisions of Rule 2 of Order 18 of the Code of Civil Procedure are applicable for leading the final argument in the hearing of a case before the court.

Q3. In the Code of Civil Procedure of 1908, what provisions are made for the execution of a civil procedure decree?

Ans: The provisions for the execution of the decree are provided under Sections 36 to 74, read with Order 21 of the Code of Civil Procedure.