Order XX Rule 1 CPC: Judgment when pronounced

Order XX Rule 1: Judgment when pronounced

¹[ ²³[(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:]

⁴[Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.]

⁵[(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise.]

⁴[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment ⁶***.

(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High Court in this behalf:

Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.]

Footnotes in the official text

1.Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).
2.The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh , see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).
3.Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
4.Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
5.Subs. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015).
6.Certain words omitted by Act 46 of 1999, s. 28 (w.e.f. 1-2-1977).

Questions on this rule

2 questions in 13 of our papers cite Order XX Rule 1. Try these from the free papers:

1. Under the proviso to Order XX Rule 1(1) CPC, where judgment is not pronounced at once, the court shall endeavour to pronounce it within thirty days from the conclusion of the hearing. Where exceptional and extraordinary circumstances make this impracticable, the day fixed for pronouncement shall not ordinarily be beyond:
2. Match List I (step in a commercial suit under the CPC as amended by the Commercial Courts Act, 2015) with List II (time limit): List I A. Statement of admissions and denials of documents, from completion of inspection B. Closing of arguments, from the first Case Management Hearing C. Pronouncement of judgment, from conclusion of arguments D. Completion of inspection of documents, from filing of the written statement or written statement to the counterclaim, whichever is later List II 1. Ninety days 2. Fifteen days 3. Six months 4. Thirty days