By Qaiser Javed Mian LLB, LLM (U.S.A)
(Research Department, Punjab Judicial Academy) 15-Fane Road, Lahore
"It is said that this play [i.e. the judgment writing] is the oldest surviving courtroom drama in world literature. Much of literature, as in life, deals with the tension between the [desire of] people to take justice into their own hands [take] revenge or engage in self-help as opposed to the processes of the law, which, importantly from our point of view, are determined by a fair trial and fair judgment" [albeit]1
In the state of growing litigation, backlog and insufficient research facilities, a good quality judgment has become a challenge of the day in the legal fraternity. A well written to the point judgment based on comprehensive analysis of facts and laws is not only an indication of the intellectual level of the judge but is also a reflection of the standard of the judicial system. In view of this author, the most important element of a good judgment is "CLARITY". Clear thinking is the key to clear writing. When we speak of a "speaking judgment", it entails clarity of mind of the judge. A speaking judgment exhibits two things:
I. It explains the decision to the parties concerned.
II. It makes available reasons for an appellate Court to consider
A judgment should be a self contained document.2 Simple, brief and clear is the best. Some judgments almost write themselves. The practice of writing lengthy judgment is not appreciated3 . The judge should write to express not to impress. Only the material facts should be stated in a chronological order. What is required is a reasoned judgment and not reasons for the judgment.
The judgment formulates the decision the judge has made. It informs the parties exactly about what the Court orders them to do and how the decision shall be executed. Any vague formulation of an execution order could cause the parties to start a new dispute about the execution and the contents of the decision.
It is pertinent to point out that tone and attitude are extraneous to a balanced judgment. If the courtroom is allowed to vibrate with the heat generated outside it the adjudicatory process suffers and the search for truth is stifled.
Even if the criticism is reformatory, the words should be dignified and restrained.5 Unbalanced language is out of place in a judicial adjudication.6 The Indian Supreme Court disapproved the practice of passing adverse remarks against presiding judge of the Lower Court as it damages the judicial system as a whole7 .
CIVIL PROCEDURE CODE
SECTION 33
"The court, after the case has been heard, shall pronounce judgment, and on such judgment decree shall follow".
ORDER XX RULE No.1.
(Quote) 1. "JUDGEMENT WHEN PRONOUNCED:- On completing of evidence the court shall fix a date, not exceeding fifteen days, for hearing of arguments of parties.
2. The court shall after the case has been heard, pronounce judgment in open court, either at once or on some future day not exceeding thirty days, for which due notice shall be given to the parties or their advocates" (Unquote)
A judgment in other words is a statement given by the judge of the grounds of a decree or order u/s 2(9) C.P.C. which defines judgment, as "JUDGEMENT MEANS STATEMENT GIVEN BY THE JUDGE OF THE GROUNDS OF A DECREE OR ORDER". The "order" has been defined in section 2(14) C.P.C. as "ORDER MEANS THE FORMAL EXPRESSION OF ANY DECISION OF A CIVIL COURT WHICH IS NOT A DECREE."
Irrespective of whether it is an "ORDER" or a "DECREE" it must contain discussion of a question(s) at issue and reasons therefore. It must be precise, logical, clear and without creating confusion in the minds of the parties. There should be a statement of grounds of decision in a judgment. Appellate judgment which does not comply with the provision of Order XLI Rule 31 is no judgment in the eye of law. A judgment which is duly written but not publicly announced is ineffective and further proceedings taken by the same court are held to be invalid8 (PLD 1962 SC 97). The judgment can be pronounced at once or on some further day after hearing the arguments. Further day means within reasonable time.
Where a party is not allowed to conclude its evidence, judgment is liable to be set aside. A decree falling short of the requirements of order XX C.P.C. with regard to its contents is not sustainable. In case of a compromise decree, the decree sheet should conform to compromise and not to the original entries in the plaint. A judgment is the one written, signed and pronounced as per Court-Rule 2 of the Lahore High Court Rules and Order Vol. 1 Chapter ll-A which draws attention to the following directions:
1. The judgment should be written either in the language of the Court, or in English;
2. When a judgment is not written by the presiding officer with his hand, every page of such judgment shall be signed by him;
3. It should be pronounced in open Court after it has been written and signed;
4. It should be dated and signed in open Court at the time of being pronounced and when, once signed shall not afterwards be added or added to save as provided in Section 152 or on review;
5. If it is a judgment of any Court other than a Court of Small Causes, it should contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision;
6. If it is the judgment of a Court of Small Causes, it should contain the points for determination, the decision thereon and the reasons for such decision;
7. It should contain the direction of the court as to costs.
General Features of a Judgment:
2. Unambiguous
3. Conveniently Intelligible
4. Lucid and capable of only one interpretation without guess or probabilities.
5. no vagueness or ambiguity
6. no possibility of double interpretation
7. no extraneous considerations
8. reasons (See General Clauses Act)
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