Rule 1 of CPC : Rule 1: Judgment when pronounced.

Explanation using Example

Example 1:

Scenario: A property dispute case in a District Court in Mumbai.

Details:

• Parties: Mr. Sharma (Plaintiff) vs. Mr. Verma (Defendant)
• Case: Mr. Sharma claims ownership of a piece of land that Mr. Verma is currently occupying.
• Hearing: The final hearing of the case concluded on January 1, 2023.

Application of Rule 1:

• The judge, after hearing the arguments from both sides, decides to pronounce the judgment.
• The judge announces in open court that the judgment will be pronounced on January 15, 2023.
• Both parties and their lawyers are given due notice of the judgment date.
• On January 15, 2023, the judge pronounces the judgment in open court, ruling in favor of Mr. Sharma.
• The judgment is pronounced within the 30-day period as stipulated by the rule.

Example 2:

Scenario: A commercial contract dispute in a Commercial Court in Delhi.

Details:

• Parties: ABC Pvt. Ltd. (Plaintiff) vs. XYZ Ltd. (Defendant)
• Case: ABC Pvt. Ltd. alleges that XYZ Ltd. breached a contract by failing to deliver goods on time.
• Hearing: The final arguments concluded on February 1, 2023.

Application of Rule 1:

• The judge decides to pronounce the judgment within 90 days as required for commercial cases.
• The judge announces that the judgment will be pronounced on March 15, 2023.
• Both parties and their lawyers are notified of the judgment date.
• On March 15, 2023, the judge pronounces the judgment in open court, ruling in favor of ABC Pvt. Ltd.
• Copies of the judgment are sent to both parties via email.
• The judgment is pronounced within the 90-day period as required for commercial cases.

Example 3:

Scenario: A family dispute case in a Family Court in Bangalore.

Details:

• Parties: Mrs. Rao (Plaintiff) vs. Mr. Rao (Defendant)
• Case: Mrs. Rao seeks divorce and custody of their child.
• Hearing: The final hearing of the case concluded on March 1, 2023.

Application of Rule 1:

• The judge decides to pronounce the judgment but needs more time to consider the case details.
• The judge announces that the judgment will be pronounced on April 15, 2023, due to the complexity of the case.
• Both parties and their lawyers are given due notice of the judgment date.
• On April 15, 2023, the judge pronounces the judgment in open court, granting the divorce and awarding custody to Mrs. Rao.
• The judgment is pronounced within the 60-day period as allowed for exceptional and extraordinary circumstances.

Example 4:

Scenario: A civil suit for damages in a High Court in Chennai.

Details:

• Parties: Mr. Kumar (Plaintiff) vs. DEF Corp. (Defendant)
• Case: Mr. Kumar seeks damages for injuries sustained due to DEF Corp.'s negligence.
• Hearing: The final hearing of the case concluded on April 1, 2023.

Application of Rule 1:

• The judge decides to pronounce the judgment by dictation in open court.
• The judge, specially empowered by the High Court, dictates the judgment to a shorthand writer in open court on April 20, 2023.
• The transcript of the judgment is corrected, signed by the judge, and dated April 20, 2023.
• The judgment is pronounced within the 30-day period as stipulated by the rule.