JUDGEMENT Vs DECREE UNDER CIVIL PROCEDURE CODE, 1908

The judgment forms the concluding part of the civil suit and it determines the rights and liabilities of the parties. Basically judgment is followed by a decree which is its operating part. Historically, there was the distinction between judgment and decree. Common Law adheres to the judgment while the Equity Court of Law deals with the decree. But later on Judicature Act was passed in U.K. which merged the distinction between judgment and decree. In U.S. also, distinction between judgment and decree has lost its relevance but in India, the distinction between judgment and decree has still maintain its position from the initiation of the old Code of Civil Procedure, 1859. The present Code of Civil Procedure, 1908 also recognizes this distinction.

In this legal world, judgment given by any court followed by its decree play an important role to define the scope and limitations of any individual. Apart from the statutory rules and regulations, one also has to adhere to the decision given by the court to keep oneself away from the clutches of the court room drama.

Daily various judgments are pronounced and decree following it took place in the courts of our country. Various civil cases are also being disposed off each working day. These judgments are important as they act as precedents for future declarations, so it is very necessary that they stick to the judicial reasoning without bringing their own discretionary power blindly. After so many judgments and backing it up with the decree also, certain issues do arises which tends to confuse us. Civil Procedure Code, 1908 has been drafted very nicely but then also certain loopholes are there providing leeway for the creeping of unnecessary elements. As no law seems to perfect for us but then also effort should be made to take them somewhere close to the shell of perfectness.

Legal Advancement Program would not only allow you to learn the basics of Civil Procedure Code, 1908, but also various loopholes which lead to delay order. With the flavor of dispute resolution systems, it will also take you through the pre and post judgment process and analysis.

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