Whatsapp

" CONTOURS OF A JUDGMENT CONTOURS OF A JUDGMENT   By   Syed Nasir Ali Shah, District and Sessions Judge/Special Judge Customs, Lahore   A judgment is a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision. It signifies the culmination of judicial proceedings before a Court of competent jurisdiction. A judicial officer is known by the quality and standard of his judgment. A judgment is a barometer to gauge the integrity, competence, legal acumen, command over language and comprehension of judicial officer. Judgment has been defined in S.2(2)(9), C.P.C. to mean the statement given by the Judge of grounds of decree or order. According to the scheme of S.33, C.P.C. hearing of parties or their counsel is sine qua non before pronouncement of judgment. Order XX, C.P.C. deals with judgment. According to it on completion of evidence a date for final arguments shall be fixed which shall not exceed fifteen days. And the period between arguments and judgment shall not be more than thirty days. In civil matter Court is required to give finding on each issue. Judgment has to be pronounced and signed in open Court. It cannot be altered or modified except under section 152, to rectify clerical errors or on review. Appellate judgments are to be delivered in almost similar manners except that finding on each issue is not required to be recorded. Every judgment in civil matters shall specify as to who will bear the costs. Normally costs follow the events. But in peculiar circumstances of case this rule can be dispensed with. Similarly where claim or defence of a party is false and vexatious special costs under section 35-A, C.P.C. can be awarded the maximum limit of which is Rs.25,000. Provisions of section…