Section 33 of CPC– Judgment and Decree is a very important provision that deals with the judgment and decree in a civil suit. The provision states that after the case has been heard, the court shall pronounce judgment and on such judgment a decree shall follow.
What is a Judgment?
A judgment is a decision of the court on the merits of the case. It is a statement of the court’s findings on the facts of the case and the application of the law to those facts. The judgment must be clear, concise, and unambiguous.
What is a Decree?
A decree is a formal order of the court that enforces the judgment. It is a command of the court to the parties to the suit to do or refrain from doing something. The decree must be consistent with the judgment and must be executable.
Procedure for Pronouncing Judgment and Decree
The following is the procedure for pronouncing judgment and decree in a civil suit:
- The court must hear the case and consider the evidence presented by the parties.
- The court must then write a judgment in the case. The judgment must set out the court’s findings on the facts of the case and the application of the law to those facts.
- Once the judgment has been written, the court must pronounce it in open court. The parties to the suit and their lawyers must be present at the time of the pronouncement of the judgment.
- After the judgment has been pronounced, the court must draw up a decree. The decree must be consistent with the judgment and must be enforceable.
- The decree must be signed by the judge and sealed with the seal of the court.
Importance of Judgment and Decree
The judgment and decree are the most important documents in a civil suit. They are the final orders of the court and they are binding on the parties to the suit. The judgment and decree can be appealed to a higher court, but they remain in force until they are set aside or modified by the appellate court.
The following are some of the related orders of Section 33 of the Code of Civil Procedure (CPC):
- Order XXI of the CPC: This Order deals with the execution of decrees. It sets out the procedure for enforcing decrees against the property and person of the judgment debtor.
- Order XXII of the CPC: This Order deals with the review of decrees and orders. It sets out the procedure for applying to the court to review or modify a decree or order.
- Order XXIII of the CPC: This Order deals with appeals from original decrees. It sets out the procedure for filing and prosecuting appeals from original decrees passed by subordinate courts.
- Order XXIV of the CPC: This Order deals with appeals from appellate decrees. It sets out the procedure for filing and prosecuting appeals from appellate decrees passed by subordinate courts.
In addition to these Orders, there are a number of other orders and rules of the CPC that are related to Section 33. For example, Order XVI of the CPC deals with the examination of witnesses, and Order XVII of the CPC deals with the summoning and attendance of witnesses. These orders are relevant to Section 33 because they set out the procedure for obtaining the evidence that the court needs to make a decision in a case.
It is important to note that the above list is not exhaustive. There are many other orders and rules of the CPC that may be relevant to Section 33, depending on the specific circumstances of the case. It is always advisable to consult with a lawyer to determine which orders and rules are relevant to your case.
Here are some examples of how these related orders may be used in conjunction with Section 33 of the CPC:
- If the judgment debtor fails to comply with the decree, the judgment creditor can apply to the court for an execution order under Order XXI of the CPC. The court will then issue an execution order, which will authorize the judgment creditor to enforce the decree against the property and person of the judgment debtor.
- If the judgment debtor believes that the decree is erroneous or illegal, they can apply to the court for a review of the decree under Order XXII of the CPC. The court will then review the decree and, if it finds that the decree is erroneous or illegal, it may modify or set aside the decree.
- If the judgment debtor is aggrieved by the judgment of the subordinate court, they can appeal the judgment to the appellate court under Order XXIII of the CPC. The appellate court will then review the judgment of the subordinate court and may uphold or modify the judgment, or it may set aside the judgment and order a retrial.
- If the judgment debtor is aggrieved by the judgment of the appellate court, they can appeal the judgment to the Supreme Court under Order XXIV of the CPC. The Supreme Court will then review the judgment of the appellate court and may uphold or modify the judgment, or it may set aside the judgment and order a retrial.
These are just a few examples of how the related orders of Section 33 of the CPC may be used. It is important to note that the law in this area is complex and constantly evolving, and it is always advisable to consult with a lawyer to determine how the related orders apply to your specific case.
Case Laws
In the case of Vijayalakshmi vs. Srinivasan (2003) 9 SCC 27, the Supreme Court held that the judgment and decree must be based on the evidence and the law. The court also held that the judgment and decree must be clear and concise.
In the case of Union of India vs. M/s. Birla Brothers Ltd. (1991) 2 SCC 646, the Supreme Court held that the judgment and decree must be consistent with each other. The court also held that the judgment and decree must be enforceable.
These are just two examples of case laws on Section 33 of the CPC. There are many other cases that have dealt with different aspects of this provision. It is important to note that the law in this area is constantly evolving, and it is always advisable to consult with a lawyer if you have any questions about the judgment and decree in your case.