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CPC 1908 — Section 33: Judgment and decree

CPC, 1908 · Part I · Judgment & Decree

Judgment and decree

After the hearing, the court speaks — first the judgment, then the decree follows.

§ 33

The bare Act

33. Judgment and decree.

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.

How to read Section 33

What it is about

It marks the close of a suit. Once the case is fully heard, the court must pronounce judgment, and a decree is drawn up to follow it.

Two distinct acts

Judgment = the court’s statement of the grounds (§2(9)); Decree = the formal expression of the adjudication (§2(2)).

The sequence

Judgment first, decree after — the decree must agree with the judgment (Order XX).

From hearing to decree

The closing sequence of a suit

1Case heardarguments & evidence closed
→
2Judgment pronouncedstatement of grounds · §2(9)
→
✓Decree followsformal adjudication · §2(2)

Phrase by phrase

PreconditionThe Court, after the case has been heardOnly after the hearing is complete — arguments and evidence closed.Condition
Judgmentshall pronounce judgmentThe court must deliver its judgment — the statement of the grounds of the decision (§2(9), Order XX).The judgment
Decreeand on such judgment a decree shall followFrom the judgment a decree is drawn up — the formal expression of the adjudication (§2(2)); it must conform to the judgment.Decree follows

Judgment vs decree

Judgment · §2(9)The reasoning

The court’s statement of the grounds for the decision — the “why”.

Decree · §2(2)The result

The formal, conclusive adjudication of the rights of the parties — the “what”, and what gets executed.

Connected rules & sections

§ 2(9)

“Judgment”

The statement of grounds §33 requires.

§ 2(2)

“Decree”

The formal adjudication that follows.

O.XX

Judgment & Decree

The detailed rules — contents, time, drawing up the decree.

§ 34

Interest

Interest the decree may carry.

§ 35

Costs

Costs awarded by the decree.

§ 96

Appeal

An appeal lies from the decree, not the judgment.

← §32Next: §34 — interest