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      Question

      Under Section 34 of the Code of Civil Procedure, 1908, a

      "Judgment" is:
      A The order for execution Correct Answer Incorrect Answer
      B The statement of the decision on the matter in dispute Correct Answer Incorrect Answer
      C The decree passed after judgment Correct Answer Incorrect Answer
      D Only the operative part of the order Correct Answer Incorrect Answer
      E The preliminary order Correct Answer Incorrect Answer

      Solution

      Section 34(1) defines "Judgment" as "the statement in open court of the decision of the court on the matter at issue." It is distinguished from "Decree" (Section 2(2)), which is the formal expression of adjudication. A judgment precedes a decree; the judgment decides the matter, and the decree formalizes the adjudication for execution purposes. [Citation: Sections 2(2), 34, Code of Civil Procedure, 1908]

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