Judgment Writing
What is tested
Whether you can produce a reasoned, structured and operative adjudication - the written product that survives appeal.
Core rules
- CPC section 2(9): a judgment is the statement of the grounds of a decree or order. Order XX Rule 5(1) requires the court to state its finding or decision, with reasons, on each separate issue.
- Order XX Rule 1: judgment within 30 days of the conclusion of the hearing, extendable for recorded reasons; Rule 3: pronouncement in open court.
- A decree (section 2(2)) is the formal expression of the adjudication; Order XX Rule 6 prescribes its contents and Rule 7 its date. The decree must not travel beyond the judgment.
- Criminal judgment: set out the points for determination, the decision and reasons; hear the accused on sentence; record special reasons where death is imposed.
- Structure: cause title, concise facts, points for determination, evidence in brief, findings with reasoning on each point, operative decree or sentence, costs, signature and date.
Worked example
In a suit for possession and mesne profits, a judgment deciding only title and awarding a lump sum omits the point on quantum. The appellate court remands under Order XLI Rule 23A. Had the trial court framed and reasoned the issue on rental value, no remand would follow. That omission is the classic ground of remand.
Traps
- Writing findings without first stating the point for determination.
- Non-speaking interim orders ('dismissed') without reasons.
- Failing to record the hearing on sentence and to separate the operative order from the discussion.