SHRAWAN SADHUJI GORLE Vs. VASANTRAO SANTOSHRAO JAGTAP

JUDGEMENT

(1.) What is the meaning of the term "judgment" in clause 15, as also nature of the orders which could be said to amount to a "judgment" within the meaning of the said expression in clause 15 of the Letters Patent is the common question which arises for determination in all these letters Patent Appeals.

(2.) A final decision arrived at by a judicial authority on adjudication of a dispute is commonly known as a judgment. The dictionary defines the said word as the act or faculty of affirming or denying a conclusion whether as based upon a direct comparison of objects or ideas, or derived of by a process of reasoning; a final determination or adjudication of the rights of the parties to an action. The term obviously implies the final decision on dispute between the parties. The Code of Civil procedure defines it as the statement given by the Judge on the grounds of a decree or order. The word "decree" means a formal expression of an adjudication by a Court conclusively determining the rights of the parties with regard to the matters in controversy in a case. The term "order" has been defined as a formal expression of any decision of a court which is not a decision. The said meaning of the term "judgment" is of no help to understand the scope and the connotation of the said term as used in the Letters Patent.

(3.) We have heard at length the advocates appearing for the parties. Various judgments of different division benches of the high Court are sought to be relied upon in support of divergent contentions canvassed in the matter. However, instead of grappling through diverse discourse in those various judgments, it would be advisable to grasp the precise and graphic answer by scanning through me relevant judicial pronouncements in that regard by the Apex Court.