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Meaning and Essentials of Judgment under CPC

Meaning: 

‘Judgement’ means the reasoning given by the court in order to support its decision. No special paramountcy 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.”

In Stroud’s Judicial Dictionary the term judgment means “A sentence of the law pronounced by the court upon the matter contained in the record and the decision must be one contained in action.”

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.

Essential of Judgement:

A judgment should possess the essentials of a case, reasoning and basic contention on which it is delivered.

  1. Essentials of judgment other than that of the court of small causes.

 a) A concise statement of the case;

 b) The points for the determination;

 c) The decision thereon; and

 d) The reason for such a decision.

  1. Judgment of a court of small causes:

 a) The points for determination; and

 b) The decision thereon.

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Amisha Jain

Teerthanker Mahaveer University Moradabad

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