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Judgments And Decrees

CHAPTER 6. JUDGMENTS AND DECREES

PARAGRAPH 1. GENERAL PROVISIONS

Art. 180- Judgment when pronounced

After a suit has been heard, the court shall pronounce judgment in  open court either at once or as soon thereafter as may be practicable, on some future day to be fixed by the court.

Art.  181- Form and pronouncement of judgment

(1)    The judgment shall be reduced to writing, signed by the member or members of the court and pronounced by the judge or presiding judge.
(2)    Where a case has been heard by more than one judge. The decision of the majority shall be the judgment of the court:
Provided that any judge dissenting from the decision of the majority shall state in writing the decision which he thinks should be made together with the reasons therefore.
A judgment, when signed, may be pronounced by a judge or judges other than those who signed it.

Art. 182- Contents of judgment

1.The  judgment shall contain the points for determination, the decision thereon and the reasons for such decision:
Provided that a judgment given in first instance shall also contain a concise statement of the case and a judgment of an Appellate Court shall, where the decree appealed from is reversed or varied, specify the relief to which the appellant is entitled.
2.A court of first instance may not give judgment on any matter not specifically raised by the parties, but an Appellate Court may pass any decree or make any order which ought to have been passed or made, and may pass or make such further or other decree or order as the case may  require.
(3)    Where several issues have been framed, the court shall state its decision on each separate issue unless the decision on any one or more issues is sufficient for the decision of the case.

Art. 183- Framing and contents of decree

(1)    After delivery,  the operative part of all judgments shall be reduced to the form of a decree which shall contain:
(a)    the number of the suit or appeal;
(b)    the names and description of the parties;
(c)    when he judgment has been given in firs instance, the particulars of the claim;
(d)    a clear order to do or to abstain form doing something or to pay a definite sum of money or to deliver a particular thing or to surrender or restore immovable property, as the case be, and, where appropriate, a description, in the form provided for by Art. 225, of the subject-matter of the case;
(e)    the amount of costs incurred in the suit or appeal and by whom, or out of what property such costs are to be paid:
Provided  that  an Appellate Court may specify by whom and how are to be paid the costs incurred  in the suit in which decree appealed from was passed;
(f)    such particular s as are necessary so that it be susceptible of execution:
Provided that an Appellate Court may it self give the necessary directions for the execution of its decree or delegate the execution thereof to the court which first heard the case; and
(g)    where the decree can be executed by the personal obedience of the judgment-debtor, the time within which it shall be  executed.
(2)    The decree shall be signed and dated by the judge or judges who passed it, exclusive of any judge who may have dissented from the judgment;
Provided that, where a judge is for whatever research, such as death, transfer or retirement, unable to sign the decree after giving judgment, a decree drawn up in accordance with such judgment may be signed by any judge of the court which gave judgment or, if such court has ceased to exist, by any judge of any court to which such court was subordinate.

Art. 184- Copies of judgment and decree

(1)    Certified copies of the judgment or decree or both shall be furnished to the parties on application to the registry of the court which passed it and the date when such copy was furnished shall be mentioned thereon.
(2)    A certified copy of the judgment and decree passed by an Appellate court shall be sent to the court which passed the decree appealed from and shall be filed with the original proceedings in the suit, and an entry of the judgment of the Appellate Court shall be made in the reregister of civil suits.

PARAGRAPH  2. DIRECTIONS TO BE GIVEN IN CERTAIN DECREES

Art. 185- Decree for delivery of movable property shall also state the amount of money be paid as an alternative if delivery cannot be had.
Art. 186- Decree may direct payment by installments

(1)    Where and in so far as a decree is for the payment of money, the court may for any sufficient reason at the time of passing the decree order that payment of the amount decreed shall be postponed or made by installments, with or without interest, not with standing anything contained in the contract under which the money is payable.
(2)    An order under sub-art (1) may also be made by the court, after the passing of the decree, on the application of the judgment debtor after the examination held under Art. 356 or with the consent of the decree-holder.

Art. 187- Decree for possession and mesne profits

Where a suit is for the recovery of possession of immovable property and for rent or mesne profits, the court may pass a decree for the possession of the property together with the rent or mesne profits which have accrued on the property prior to the institution of the suit and until the delivery of possession to the decree-holder.

Art. 188- Taking of accounts

Whenever it is necessary that accounts should be taken in order to ascertain the amount of money due to or from any party, as in a suit for an account of any property and its due administration under the decree of the court, for an account of pecuniary transactions between a principal and agent or for the dissolution of a partnership or the taking of partnership accounts, the court shall, before passing decree, order such accounts to be taken and give such other direction as it thinks fit.

Art. 189- Decree in suit for dissolution of partnership

Where a suit is for the dissolution of a partnership or the taking of partnership accounts, the court shall, before passing decree, declare the proportionate the shares of the parties, fix the day on which the partnership shall stand dissolved or be deemed to have been dissolved and give such other directions, as it thinks fit.

Art. 190-  Decree is suit for partition or separate possession

Where the court passes a decree for the partition of property or for the separate possession of a share theorem, the court may, if the petition or separation can not be conveniently made. Without further inquiry, before passing decree, declare the rights of the several parties interested  in the property and give such other direction as it thinks fit.

Art. 191- Decree when set-off is allowed

(1)    Where a set-off has been allowed, the decree shall state what amount is due to each party and shall be for the recovery of any sum which appears to be due to either party.
(2)    Any decree passed in a suit in which a set-off claimed shall be subject to the same provisions with respect to appeal to which it would have been subject if no set-off ad been claimed.