Shall not be bound.-I do not understand this. Surely for example, he must pronounce the judgment, if at all, in open court?

Language of judg

ment.

ment.

200. The judgment shall be written in the language of the Court, or in English, or in the Judge's mother-tongue.

201. Whenever the judgment is written in any language other than that of the Court, the judgment shall, if any of the Translation of judgparties so require, be translated into the language of the Court, and the translation shall also be signed by the Judge or such officer as he appoints in this behalf. 202. The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it, and shall not Judgment to be dated be altered or added to, save to correct verbal errors and signed. or to supply some accidental defect not affecting a material part of the case, or on review.

At the time of pronouncing it.-What is required is to record the date of pronouncing or making known the result of the suit, not to record the date on which the judge finished his composition. Mistakes may arise on appeal from omission to attend to this rule. On review. Upon an application duly made under Chapter XLVII.

Judgments of Small Cause Courts.

203. The judgments of the Courts of Small Causes need not contain more than the points for determination and the decision thereupon.

The judgments of all other Courts shall contain a Judgments of other concise statement of the case, the points for determinCourts. ation, the decision thereon, and the reasons for such decision.

Points for determination.-These will not necessarily be the same as the issues' framed and recorded under Chapter XI. Of a mixed question of law and fact part may be admitted, part denied, by the defendant; and where this is the case, the issue will relate only to so much of the question as is in controversy, whilst the "point for determinution" will be the entire question. Instance: A. sues as heir for possession of an immovable, alleging that he is the son of X., and B. pleads that A. is not the son of X.; here the 'issue' will be, is A. the son of X.? but the "point for determination" will be whether A. must have possession as heir of X.

Decision thereon-That is, to use an expression proper to physics, the resultant decision arrived at upon the "points for determination:" not the mere findings upon the issues' required

by Sec. 204. Where there are several such points, the separate finding upon each will be a separate 'force,' and the decision' will be the force compounded of the separate forces.

The word 'decision,' from the Latin de-cid-, would appear to mean the act of cutting away' all doubtful, disputed and impertinent matter till the question be at last brought down to the plain point of matter, to which the appropriate rule of law can be applied.

Practically, in all but a very few, if not in all, cases the judgment will contain a decision upon the simple question: has the plaintiff suffered an infraction of a specific 'right' (jus) alleged in the plaint? and, if so, what relief must be granted to him? The court cannot with legal propriety determine or investigate any matter lying outside the limits of the 'question:' and if it do determine such matter in a part of its decision, such part will be treated as absolutely null and void.

A judgment must dispose of the plaintiffs claim according to his statements in the plaint. Sud. Dec., 1858, p. 22.

The final determination of causes should not be founded upon inferences of fact at variance with the case that the plaintiff has pleaded or has undertaken to prove. Eshemhunder Sing v. Shamachura Bhutto, 2 M. J., 72.

The court should confine itself to granting such relief as is prayed by the plaint. Verasami Gramini v. Ayyasami Gramini, 1 H. C. R., 471.

No question can be raised by the court as to the plaintiffs title if it be not disputed by the defendant. Sud. Dec., 1853, p. 127.

No part of property in possession of a defendant can be adjudged to parties not before the court, though they may appear to have a right to the same. Sud. Dec., 1851, p. 141.

It is contrary to the practice of the courts to discuss a point other than a point of law not raised in the pleadings. Sud. Dec., 1851, p. 125.

If the defendant urge during the progress of the suit that he has satisfied the plaintiffs claim, no evidence can be taken on the point, but judgment may be given in his favor, to the extent of any admission made by the plaintiff. Sud. Dec., 1860, p. 135.

On the other hand it was held in S. A. No. 193 of 1866, 3 H. C. R., 111, that with regard to the loss sustained in 1864, the plaintiffs right to recover depended upon whether or not the special damage claimed had accrued at the time of the bringing of the suit.

As a matter of course, the court cannot give the plaintiff more than he asks, for what the plaintiff does not ask will not be in question, and the court has jurisdiction to determine only what is legally in question before it. Similarly where the plaintiff asks one thing, the court cannot give him another and a totally disparate thing: though it may very properly give him part of the relief asked, and withhold the remainder.

given at sufficient length. It will not be a substantial compliance with the provisions of the Code to dismiss an appeal with the observation that the decision of the lower court appears to be "fair and equitable," Kisna Reddi and others v. Srinivasa Reddi, 5 H. C. R., 174; or to declare merely that a plea is "absurd and ridiculous," Juggessuree Debia v. Gudadhur Banerjee, 6 W. R., Act X. R., 21.

Every judgment should be expressed in clear and precise language, and describe in distinct and positive terms the nature of the decision. Sud. Dec., 1851, p. 165.

Court to state its decision on each issue.

Exception.

205. The decree Date of decree.

204. In suits in which issues have been framed, the Court shall state its finding or decision, with the reasons thereof, upon each separate issue, unless the finding upon any one or more of the issues be sufficient for the decision of the suit.

shall bear date the day on which the judgment was pronounced; and when the Judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree.

When the Judge has satisfied himself. This important direction has been added not a moment too soon. So far as my experi

ence goes, the decrees ordinarily prepared by ministerial officers in Mofussil courts are as bad as they can be, both in form and in substance.

206. The decree Contents of decree.

must agree with the judgment: it shall contain the number of the suit, the names and descriptions of the parties, and particulars of the claim, as stated in the register, and shall specify clearly the relief granted or other determination of the suit.

The decree shall also state the amount of costs incurred in the suit, and by what parties and in what proportions such costs are to be paid.

Power to amend decree.

If the decree is found to be at variance with the judgment, or if any clerical or arithmetical error be found in the decree, the Court shall, of its own motion or on that of any of the parties, amend the decree so as to bring it into conformity with the judgment or to correct such error: provided that reasonable notice have been given to the parties or their pleaders of the proposed amendment.

The decree.-The 'decree,' under the Code, is an instrument quite distinct from the 'judgment.' The latter expresses in general terms the courts opinion of the merits and result of the action: the former announces, in operative words, the specific consequences which by law attach to such opinion. The decree is the complement of the judgment. It is the decree that 'obliges,' rather than the judgment. The decree is executed,' not the judgment. What is ' appealed' from, is the decree.

In England the judgment of a Court of Equity is styled a ' decree.'

The decree' is to state the matters required by (old) Sec. 189 or 360, without adverting to any of the reasons or considerations detailed in the judgment,' and is to contain a full statement of costs. Pro. S. C., 3rd December, 1860.

Decrees are to be drawn up as nearly as may be upon the model of those sent by the High Court to the lower courts from time to time. H. C. Pro., 30th July, 1866.

Divers forms of decrees will be found in the fourth Schedule.

The judge should declare what the decree is to be, and it is the duty of the advocates or vakeels of the parties to see that the decree is drawn up properly. Ram Lochun Doss v. Munsoor Ali, 10 Suth. W. R., 96, Peacock, C. J., and Mitter, J.

The decree should agree with the judgment; if it be otherwise drawn up, it may be amended by the judgment. M. Poona v. Currumun, 2 Wym. Rep., 100.

The Calcutta High Court, in their Circular No. 22 of 1867, impressively called attention to the prevailing laxity of Mofussil courts in preparing decrees, and especially to their disregard of due precision and completeness in specifying the particulars of the claim' and 'relief granted;' aud decided that the pleaders of the parties should be required to attend to the preparation of every decree, and sign it, in attestation of its correctness and accordance with the judgment before the decree is signed by the judge and recorded. No doubt this is an excellent rule well worthy of adoption in this Presidency.

Relief granted. This must be stated intelligibly, and with sufficient particularity. A decree "against defendant and the property of B." was held to be bad, and the case was remanded on special appeal. Wooma Sunderee Debee v. Preololl Goshamee, 1 Kay, 330.

Signed by the judge and sealed.-And not dated. On the other hand the judgment' is dated and signed by the judge, and not sealed. No separate entry is to be made of the date on which the decree is to be sealed and signed: the only date appearing in the decree is to be that on which judgment was pronounced, which ordinarily will be the day on which the suit is finally heard. Pro. S. C., 3rd December, 1860.

207. When the subject-matter of the suit is immoveable property, and such property is identified by boundaries or numbers in a record of settlement or survey, if the decree be for the recovery of a portion only of such property, it shall specify the boundaries or number of such portion.

Decree for recovery of portion of immoveable property.

Decree for delivery of moveable property.

208. When the suit is for moveable property, if the decree be for the delivery of such property, it shall also state the amount of money to be paid as an alternative if delivery cannot be had.

For moveable property.-See the notes to Sec. 16.

Cannot be had. If it can be had, delivery may be compelled under Sec. 259. The section would appear to be designed to meet