MADARI SINGH Vs. BHAJRU

JUDGEMENT

(1.) This second appeal came up for hearing before my late brother Seth, J. on the 22nd January, 1951. He heard it and pronounced his judgment in open court. It was taken down in shorthand by a judgment clerk, but before the transcript of the judgment could be laid before His Lordship for "inspection, supervision and correction" under Rule 7 of Chapter VII of Rules of Court, he died on the 26th January, 1951, and the judgment could not be signed by him, as provided in Rule 8 of the same Chapter.

(2.) The point that has to be considered is whether the order pronounced by Seth, J. is a valid order or it is invalid and without effect so that the appeal should be re-heard and decided afresh.

(3.) In a criminal case in which judgment had been pronounced in open court by the said Judge on the same date, namely, January 22, 1951, but had not been signed, the matter came up for consideration before my brother Brij Mohan Lall, J. in 'State v. Saru Smelting and Refining Corporation Ltd', Meerut, 1951 All L Jour 432, and on a consideration of various cases that were cited before him, he came to the conclusion that the case had been completely and effectively disposed of by Seth, J. by his order dated January 22, 1951. One of the grounds upon which this decision was based was that in the Code of Criminal Procedure 1898 there is nothing requiring a Judge to affix his signature on a judgment. The position on the civil side is somewhat different. There is nothing in the various sections of the Code of Civil Procedure requiring a judgment to be signed by the Judge who pronounced it.