Drafting of Judgments and Orders

After weeks of arguments in a Mumbai civil court, the lawyers sit waiting for the Judge to announce the result. What they receive is not just a win or a loss: it is a written judgment that explains why, and then a decree that says exactly what each party must now do. A careless line in either can lead to an appeal, a correction application or a decree nobody can execute. What goes into each document, and what is the difference between a judgment, a decree and an order?

In two minutes

In a civil case the Court pronounces a judgment stating the points for determination, the decision and the reasons (CPC s.33; Order XX rule 4(2)), and a decree that agrees with the judgment and specifies the relief then follows (Order XX rule 6); an order is the formal expression of any decision that is not a decree.

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