Judgement and Decree
Section 2(2) of the code of civil procedure,1908 defines the term ‘decree’ in the following words:
“Decree means the formal expression of an adjudication whis 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 plaint and determination of any question within section 144, but shall not include:
a- any adjudication from which an appeal lies an appeal from appealable orders. or
b- any order of dismissal for default.”
Section 2(9) defines the term judgement in the following words.-
“Judgement means the statement given by the judge on the grounds of decree or order.”
On the basis of above definition it is clear that judgement is a statement given by a judge on the grounds of a decree or order. It is not necessary for a judge to give a statement in a decree but it is necessary in a judgment. Similarly it is not necessary that there should be a formal expression of the order in the judgement. However order X X Rule 6-A enacts that the last paragraph of the judgement should state precisely the relief granted. Judgement is a stage prior to the passing of a decree or an order and after the pronouncement of the judgement decree shall follow as per section 33 of the Code.
