DELHI DEVELOPMENT AUTHORITY Vs. SHIV CHARAN

JUDGEMENT

(1.) This is an appeal against the order of the Senior Sub-Judge Delhi dated October 29, 1969.

(2.) The facts are these. The respondent instituted a suit against the Delhi Development Authority (the Authority) for permanent ini unction. His suit was dismissed. He filed an appeal against the decree of the trial court. The appeal was heard by the Senior Sub-Judge When the appeal was being argued the learned Senior Sub-Judge noticed that the trial Judge had not signed the depositions of two witnesses who were examined by the Authority in support of their case.

(3.) The Authority examined in all three witnesses on March 18, 1968. One was Attar Chand. The second was R. G. Bhatnagar. The third was Kanihyee Ram. All of them were examined on one day. All the three witnesses signed their depositions. These were read over to them. The trial Judge signed at the end of the third deposition. He did not sign at the end of the first and the second depositions. It just escaped his notice. The seal of the court is there. It seems that inadvertently the -judge forgot to put his signatures above the seal.