Question

Judgement should be delivered to the parties or to their pleaders in the open court

• A. By delivering the whole of the judgement
• B. By reading out the whole of the judgement
• C. By reading out the operative part of the judgement
• D. All of the above

Hint:

Procedural questions often have multiple correct steps or methods. When an "All of the above" option is present, carefully consider if each individual option is a valid part of the procedure. In this case, both reading the whole and the operative part are valid, making "All of the above" a strong candidate.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question pertains to the procedure for the pronouncement of a judgment in an open court as prescribed by the Code of Civil Procedure, 1908 (CPC). The delivery of a judgment is a formal act that communicates the court's final decision to the parties.

Step 2: Detailed Explanation:
The procedure for pronouncing a judgment is laid down in Order 20, Rule 1 of the CPC. According to this rule, the Court, after the case has been heard, shall pronounce judgment in open Court. The rule provides for different modes of pronouncement:
\[\begin{array}{rl} \bullet & \text{The judge may read out the whole of the judgement. } \\ \bullet & \text{Alternatively, the judge may read out only the operative part of the judgement (the final order or relief granted). } \\ \bullet & \text{The rule also states that once the judgment is pronounced, the whole judgment shall be made available for the perusal of the parties or their pleaders. The act of making the signed copy of the judgment available to the parties is often referred to as 'delivering' the judgment. } \\ \end{array}\] Since the options (B) and (C) are explicitly mentioned as valid methods of pronouncement, and (A) represents the act of providing the full text which is also part of the process, the option "All of the above" becomes the most encompassing and correct choice, as it covers the different facets and permissible methods of how a judgment is formally communicated in open court.

Step 3: Final Answer:
The correct answer is (D). The process of delivering a judgment in open court can involve reading the whole text, reading only the operative part, and making the entire judgment available to the parties. Therefore, all the given options are part of the procedural possibilities.