Apr - High Court of Judicature at Allahabad

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392 INDIAN LAW REPORTS ALLAHABAD SERIES [2011 a decree by a court in respect to the parties in a case." 29. In "Webster's Encyclopedic Unabridged Dictionary of the English Language" 1989 the meaning of word "formal" at page 557 is: "Formal- . . . . . . . being in accordance with usual requirements . . . . . . being a matter of form only; perfunctory . . . . . pertaining to the form, shape or mode of a thing, specially as distinguished from the substance." 30. In "Legal Thesaurus-Deluxe Edition 1980" by William C. Burton at page 233 the term "formal" has been defined as under: "Formal-accepted, according to established form, affected, approved, businesslike, ceremonial, ceremonious, confirmed, conventional, customary, decorous, fixed, following established custom, following established form, following established rules, formalis, formalistic, in accordance with conventional requirements, inflexible, mannered, observant of form, official, polite, pompous, prescriptive, prim, proper, reserved, rigid, ritual, ritualistic, set, starched, stiff, stilted, systematic, traditional, unbending, uncompromising." 31. In "Concise Oxford English Dictionary" 11th Edition at page 558 the term "formal" has been defined as under: "Formal-done in accordance with rules of convention or etiquette . . . having a conventionally recognised form, structure, or set of rules. . . . ." 32. In P. Ramanatha Aiyer's "The Law Lexicon-The Encyclopaedic Law Dictionary with Legal Maxims, Latin Terms, Words and Phrases" 2nd Edition Reprint 2007 at page 750 term "formal" has been defined as under: "Formal. Done in due form, or with selemnity; according to regular method. Of the outward form, shape or appearance, not the matter or substance of a thing; ceremonial; required by convention; observance of form and not of the spirit." 33. The term "expression" is defined in "Webster's Encyclopedic Unabridged Dictionary of the English Language" 1989 at page 503: "Expression-. . . . . the manner or form in which the thing is expressed in words; wording; phrases . . . . . . indication of feeling, spirit, character etc. as on the face, in the voice or in artistic execution . . . ." 34. In "Legal Thesaurus-Deluxe Edition 1980" by William C. Burton at page 216 the term "expression" has been defined as under: "Expression-appearance, demonstration, disclosure, display, emergence, evidence, evincement, exhibit, exhibition, exposition, exposure, illustration, indication, instance, mark, presentation, presentment, revealment, revelation, show, showing, sign, token, uncovering." 35. The term "expression" is defined in "Concise Oxford English Dictionary" 11th Edition at page 503:
1 All] Gopal Singh Visharad V. Jahoor Ahmad and others 393 "Expression-the action of expressing something. A look on someone's face that conveys a particular emotion. A word or phrase expressing an idea. . . ." 36. The term "expression" in defined in P. Ramanatha Aiyer's "The Law Lexicon-The Encyclopaedic Law Dictionary with Legal Maxims, Latin Terms, Words and Phrases" 2nd Edition Reprint 2007 at page 687: "Expression. A word, phrase or form of speech; the act of manifesting by action or language." 37. The distinction between the "judgment" and "decree", therefore, is that the judgment contains reasons as well as the conclusions thereof but the decree contains formal expression of an adjudication conclusively determining right of parties with regard to all or any of the matter in controversy in the suit. The phrase "all matters in controversy in the suit" would cover the ultimate conclusion and adjudication made by the Court which should form part of decree as it is this part which has to be normally put on for execution as provided in Part II of CPC. It talks of execution of "decree" and not of the judgment. It is for this reason Section 33 provides that after the case has been heard, the Court shall pronounce judgment and on such judgment a decree shall follow. It is the conclusive determination, therefore, which must be expressed formally in the decree and not the conclusions on various grounds/ issues considered by the Judge in judgment. In the context we are of the view that adjudication determining conclusively rights of parties by the Court, which obviously being the majority decision would/should contain the part of decree and not just and mere "expression" given by all the Judges. 38. The suggestion that decision of Judge constituting minority, if not made a part of the decree, such Judge may not sign the decree, would not apply where the decree is being prepared by the Court in its original jurisdiction as a trial court. The decree may be signed by all the Judges constituting the Bench. It is necessary to make the things clear unequivocally to parties concerned. In this case categorical and specific majority opinion on various aspects between Judges has to be gathered since the observations and expressions have been made with reservations, references etc. To our mind, it means when an adjudication is made and it conclusively determines rights of parties, only that part should form the contents of decree. The majority judgment finds that plaintiff is not entitled to any relief or Suit-1 is to be dismissed. 39. The extraordinary situation demands extra ordinary procedure and methods. We initially, therefore, were inclined to hold that decision of Sudhir Agarwal, J. constituting minority opinion may be made part of the decree but we ultimately after due diligence over the matter decided to follow a method so that things may be apparent and clear to all parties. The way in which we intend to proceed is not inconsistent with any specific provision with respect to preparation of decree contained in CPC or High Court Rules. 40. We, therefore, direct that the decree of Suit-1 should express Court's formal expression of adjudication conclusively determining the rights of parties with regard to all the matters in
Page 1 and 2: 1 All] Siya Ram V. District Judge (
Page 3 and 4: 1 All] Siya Ram V. District Judge (
Page 5 and 6: 1 All] Gopal Singh Visharad V. Jaho
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Apr - High Court of Judicature at Allahabad

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