A judgment shall consist a concise statement of the case – Essay

A judgment shall consist a concise statement of the case, the points for consideration, the decision thereof and the reasons for such decision [Order 20 Rule 4 Sub-Rule 2], In small cause cases.

Order 20 Rule 4 Sub-Rule 1 C.P.C contemplates that the points for determination and the decision thereof alone need be mentioned meaning thereby that the judge need not state the rival claims and more important, the judge need not give the reasons for his decision.

However, a mere assertion by the Court that the claim of the defendant is disbelieved and the suit therefore was decreed was considered to be not a judgment at all.

In Dallo vs. Jagan [AIR 1928 ALL. 688], In Suradhani vs. Hari [64 I.C. 226] their Lordships of the Privy Council opined with reference to small cause judgments that a judgment might be reduced to a minimum, but the minimum must be intelligible indicating that the judge had applied his mind to the case.

For this very reason, the judgments in small cause cases are all written just as regular civil judgments, the only difference being that the judge in a small cause case may not state the points for determination till he formulates the same in the judgment.

Order 20 Rule 5 envisages that the Court shall issue its finding on every issue that has arisen in the suit.

However, in order to enable the judge to write a meaningful and non-redundant opinion, the Rule empowers the judge to club two or more issues and give finding on all such clubbed issues.