Apr - High Court of Judicature at Allahabad

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