Preamble

SECTION I PREPARATION OF THE JUDGMENT Article 658 – Supervision exercised by judge - Upon the adjudication by the collective court, the suit shall be put up before the judge, who shall examine whether the legal formalities are complied with and if the judicial functionaries were diligent in fulfilling the duties of their office, taking the measures and applying appropriate penalties. Thereafter, the final judgment shall be passed. § Sole Paragraph: The period to pass the final judgment is fifteen days. Such period may be extended only in case of just impediment which must be duly established. Articles 658-676 – Judgement - Corresponding provisions in C.P.C. 1908: - oJudgement and Decree – O. XX Article 659 – Preparing judgment :- narration, grounds and decision - The judgment shall commence with the narration, in which the names of the parties shall be mentioned and a clear and concise explanation of the prayer and its foundation, as well as the foundation and the conclusions of the defence shall be given, thereafter indicating concisely the occurrences, which may provide for the a background to the litigation. The narration shall end by indicating the state of the suit as has emerged from the arguments, settling with great clarity and precision the

questions to be addressed. Then come the grounds and the decision. The judge shall take into consideration the facts admitted by agreement, those admitted by non denial, and those which the collective court found as proved. Thereafter, the law shall be interpreted and applied to the facts, concluding by the final decision. Article 660 – Questions to resolve – Order of the Judgement - The judge shall take cognizance in the first place, and by the order established in article 293, of the questions that may lead to the discharge of the Defendant. The judge shall decide all the questions which the parties have submitted for its appreciation, excepting those questions, the decision of which does not survive in view of the answer given in others. The questions which are not raised by the parties may not be resolved, save if the law permits or imposes the suo-motto cognizance of such questions. Sole Paragraph: Not only those which are expressly referred are deemed to be answered, but also others which considering the controversy raised are a requirement or necessary consequence of the judgment expressly pronounced. Article 661 – Limits of decreeing - It is not lawful to grant a relief larger than, or different from what is prayed. If the plaint does not contain particulars to ascertain the object or assess, the quantity, the relief to be granted is what is ascertained and assessed in the execution. Article 662 – Judgement if obligation is not enforceable - The fact that the obligation is not enforceable at the time when the suit was filed shall not preclude the Court to take cognizance of the existence of the obligation, once the Defendant disputes the liability and that the later be directed to satisfy the liability at the time of the maturity. If there is no dispute as regards the existence of the liability, the following shall be the directions: a) The defendant shall be directed to fulfill the obligation although the obligation may become enforceable in the course of the suit or on a date after the judgment, but without prejudice to the prescribed period in the later case; b) When the unenforceability arises from the lack of breach or from the fact that there has not been a demand for payment in the domicile of the debtor, the debt shall be considered to have become enforceable upon the service of summons. § Sole Paragraph: In the cases at clauses (a) and (b), the plaintiff shall be directed to pay costs

and to settle the fees of the advocate for the defendant. Article 663 – Subsequent events - In the judgment, the facts constituting or extinguishing the right that take place after the filing of the suit shall be taken into consideration in the manner that the decision corresponds to the state of things upon the end of hearing. The circumstance of the juridical fact having arisen or ceased to exist in the pendency of the suit shall be taken into account for imposing costs, Article 664 – Judge not bound by parties’ arguments - The judge is not bound by submissions made by the parties regarding the investigation, interpretation and application of the law; but he is to act within the facts pleaded by the parties, subject to what is laid down in article 518. Article 665 – Collusion to subvert law - When the conduct of the parties and material available in the suit creates conviction in the mind of the judge, the plaintiff and the defendant have colluded in the suit to do a same transaction or achieve an objective prohibited by law the judgment of the Court shall obstruct the realization of abnormal objective. SECTION II VICES AND REVIEW OF THE JUDGMENT

Article 666 – When Court becomes ‘functus officio’ - Upon passing of the judgment, the

jurisdiction of the judge shall, immediately, come to an end as regards the subject matter of the suit. However, the judge may rectify material errors, supply the deficiency and clarify the doubts existing in the judgment and review the same as regards the costs and fine. § Sole Paragraph: What is provided in this article and the following articles applies to orders, to the extent possible. Article 667 – Rectification of material errors - Where it is found that in the judgment, there are mistakes in writing or of calculation or any material inaccuracies due to the omission or manifest lapse, they may be corrected by a simple order, on the application of any of the parties or suo

moto by the judge. Where appeal lies, rectification may take place before the file is remitted to the appellate court, however, the parties may submit before the appellate court what they deem fit in respect of their right as regards the rectification. If none of the parties prefer appeal, the rectification may be done at any time and an appeal would lie there from. § Sole paragraph: From the order rejecting the rectification no appeal lies. Article 668 – Grounds for nullity of judgment - The judgment will be null and void in the following cases: 1. When name of the parties and signature of judge is omitted; 2. When the factual foundation and the law on which decision is based are not specified; 3. When the grounds are in contradiction to the decision; 4. When the court failed to address to the questions to which it ought to have addressed, or addressed to the questions to which it ought not to have addressed; 5. When the relief is granted is in excess or in form different than prayed. Article 669 – Curing of omission or nullities - When the judgment omits to grant the costs or contains nullities, as mentioned in the preceding article, any party may apply, within the time prescribed for filing appeal, that cognizance be taken of the omission or nullity and that the omission be filled and the nullity be cured. The opposite party shall be heard and may file reply within three days and thereupon decision may be passed. If the application is allowed, the decision passed is deemed as complement of the judgment and shall become integral part of the same. § Sole Paragraph: When no appeal is admissible against the judgment, the application may be made within the period of eight days. Article 670 – Clarification and correction of judgement - Any of the parties may also apply for: a) Clarification of any obscurity or ambiguity existing in the judgment; b) That the judgment be corrected in respect of costs and fine.

Whatever is provided in the preceding article is applicable to the present article also. SECTION III EFFECTS OF THE JUDGMENT Article 671 – Binding force of judgement become final - Once no appeal is filed against the judgment or remedies available and have been exhausted, the decision shall have binding force within the suit and beyond it within the limits prescribed in articles 501 onwards, without prejudice to what is provided in article 771 onwards. But, if the defendant has been directed to furnish maintenance or to effect other payments dependent on the special circumstances as regards its extent and duration, the judgment may be altered, to the extent that the circumstances that determine the direction are modified. Article 672 – Binding force of Orders - The orders passed on the merits of case shall have the same force as that of the final judgment. The orders that are solely in respect of procedure have binding force only as regards the suit, save where, by its nature, no appeal from order is admissible. See also Article 679 of this Code. Article 673 – Scope of Judgment Res judicata - The judgment constitutes res judicata in the precise terms and limits of the adjudication. If the party failed to succeed for not having fulfilled a condition, for a period not having expired, or for certain fact not having been performed, the judgment shall not preclude the party from making the prayer afresh when the condition is fulfilled, the question of limitation is satisfied or the fact is performed. Article 674 – Res judicata on questions of status - The case decided on the question of legal status produces effects in relation to all persons when the suit is filed against all the persons directly interested and there has been opposition.

Article 675 – Contradictory judgments - There being two contradictory judgments on the same object, the case decided in the first place shall hold good. See also Article 763, paragraph l of this Code. Article 676 – Judgment operating as mortgage - The judgment that directs the defendant to effect payment of a certain sum, money or in kind, even before the case is finally decided, creates mortgage, and it may be registered to produce effects in relation to third party. If the relief granted, the plaintiff may apply for registering the mortgage for security of the amount, within the limits of the value of the suit, which is likely to stand to his credit. The defendant having been directed to render a thing or a fact, the plaintiff cannot apply to register the mortgage while the obligation of the defendant is not converted into compensation for loss and damages. § 1: The mortgage may be registered even in case the plaintiff is secured by means of seizure. In this case, when the mortgage is registered, the registration of the seizure lapses. § 2: The registration of the mortgage is not precluded by the fact that the plaintiff may avail of the remedy of execution of the judgment. See also Articles 931 and 934 of this Code.