What are kinds of Judgment as per Supreme court?

Kinds of Judgments

10. There are three kinds of judgments, as has been held 

by the Apex Court in the case of Shah Babulal Khimji v. Jayaben 

D.Kania & another, reported in (1981) 4 SCC 8, which are as 

a) A final judgment;

b) A preliminary judgment; and

c) An intermediary or interlocutory judgment

Final Judgment


11. 'A final judgment' means a formal expression of an 

adjudication, which, so far as regards the Courts expressing it, 

conclusively determines the rights of the parties with regard to all 

matters in controversy so as to put an end to the litigation pending 

before it. In such a case, the suit is either dismissed or allowed or 

partly dismissed or partly allowed. It becomes a 'decree' within 



the meaning of sub-section (2) of Section 2 of the Civil Procedure 

Code ('CPC'), which can be challenged on facts and law both, by 

exercising a statutory right of appeal under Section 96 read with 

Order XLI, Rule 1 of CPC. In such case, there is no question of 

entertaining either a revision under Section 115 of CPC, or a writ 

petition under Article 226 or 227 of the Constitution of India. 

Preliminary Judgment 

12. 'A preliminary judgment' in a suit is normally of two 

kinds, viz. (i) where a suit is dismissed without going into the 

merits, but only on the preliminary objection raised by the other 

side, it gets finally decided and no proceedings remain pending 

before the Court; and (ii) where a preliminary objection raised 

before the Court is rejected and the Court proceeds to decide the 

suit on merits. In a suit, a preliminary judgment is delivered, 

ordinarily and mostly in exercise of the power under Section 9-A 

or under Order VII, Rule 11, or under Order XIV, Rule 2 of CPC, 

either by dismissing the suit; by rejecting a plaint, upholding a 

preliminary objection; or by rejecting such preliminary objection.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.722 OF 2013
WITH
WRIT PETITION NO.5775 OF 2012
AND
CIVIL REVISION APPLICATION NO.482 OF 2012
WRIT PETITION NO.722 OF 2013

Walchandnagar Industries Limited,

Versus
1. Indraprastha Developers,

Date of Pronouncing the Judgment : 25-9-2013
Citation;2014(2) ALLMR 550

Link to the judgement is : http://bit.ly/1i4ougF 

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