Pronouncement of Judgement under Code of Civil Procedure

📜 PRONOUNCEMENT OF JUDGMENT UNDER CPC

Pronouncement of Judgment refers to the formal oral delivery of the judgment by the judge in open court.

It marks the conclusion of the hearing of the suit or appeal.

Pronouncement indicates that the court has reached a decision after considering all the evidence and arguments.

Section 52 of the CPC (which deals with suits instituted after the death of a party) touches upon pronouncement in special contexts.

However, the general procedure regarding the time and manner of pronouncement is laid down in Order XX Rule 1 of the CPC.

The judgment must be pronounced in open court by the judge who tried the suit or heard the appeal.

This means the judgment is to be read out aloud by the judge in the presence of parties or their advocates.

Open Court: The judgment must be pronounced publicly.

By the Judge: The judge who conducted the trial or hearing must pronounce the judgment.

Oral Declaration: The judge orally announces the judgment.

Date and Time: The date and time of pronouncement are recorded.

Presence of Parties: The parties or their counsel are usually present.

Marks the official communication of the court’s decision.

After pronouncement, the judgment is binding and effective.

Enables parties to know the outcome and grounds of the decision.

Opens the door for filing appeals or executing the decree.

Judgment must be pronounced within a reasonable time after the conclusion of arguments.

Delay in pronouncement can be grounds for revision or appeal.

In some cases, the court may reserve judgment to deliberate and then pronounce later.

After pronouncement, the judgment is recorded formally.

The court proceeds to pass a decree based on the judgment (Order XX Rule 2 CPC).

The parties can then take appropriate steps: compliance, appeal, or execution.

The Supreme Court emphasized the importance of pronouncement in open court.

Held that a judgment not pronounced in open court cannot be treated as valid.

It was held that the pronouncement must be clear and unequivocal.

The date of pronouncement is important for limitation and appeal purposes.

The Court held that if judgment is reserved, the date of pronouncement is the date when the judgment is read out.

If a judgment is written but not pronounced, it is not binding or enforceable.

Parties cannot be deemed to have been informed.

Delay or failure to pronounce may result in orders for early pronouncement.

It can also lead to appeal or revision on the ground of non-communication.

Aspect	Explanation
Definition	Formal oral delivery of the judgment in open court
Governing Rule	Order XX Rule 1 CPC
Must be Pronounced By	Judge who tried the suit or appeal
Mode	Oral reading in open court
Importance	Communicates decision; basis for decree and appeal
Timing	Within reasonable time after hearing
Effect	Judgment becomes effective and binding
Case Law	Gorakhpur Co-op Bank, Mohan Lal, K.K. Verma