All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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50.

Judgment under section 2(9) means:

A: A decree
B: Dismissal of an appeal
C: Statement of grounds of an order or decree
D: All the above

The answer is: C

Explanation

The correct option is C: Statement of grounds of an order or decree.

This is because the definition of judgment given in section 2(9) of the Code of Civil Procedure, 1908 (CPC) is as follows:

"2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(9) “judgment” means the statement given by the judge on the grounds of a decree or order;"

This definition implies that a judgment is not a decree or an order itself, but a statement that explains the reasons and basis for passing a decree or an order. A decree is the formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. An order is any formal expression of a decision of a civil court that is not a decree. A judgment, therefore, contains the facts of the case, the issues involved, the evidence brought by the parties, and the findings on the issues based on the evidence and arguments.

Option A is incorrect as a judgment is not a decree, but a statement that precedes a decree.

Option B is incorrect as a judgment is not a dismissal of an appeal, but a statement that may result in a dismissal of an appeal.

Option D is incorrect as it combines all the incorrect options.