LAWS(ALL)-2023-7-15

MATA PRASAD TIWARI Vs. STATE OF U.P.

Decided On July 10, 2023
Mata Prasad Tiwari Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This is an application seeking review of the judgment and order passed by a co-ordinate Bench of this court dismissing Special Appeal No. 349 of 2022.

(2.) The first ground pressed by the learned counsel for the review-applicant is that the judgment was not pronounced as per the procedure prescribed by Chapter VII, Rule 1 of the Allahabad High Court Rules, 1952. The aforesaid Rule provides as follows: -

(3.) The aforesaid Rule provides that after a case has been heard, the judgment may be pronounced either at once, or on some future date, of which notice shall be given to the Advocates of the parties. It further provides that notification in the cause-list shall be deemed to be 'sufficient notice". After a case has been heard, the judgment may be pronounced either at once, or on some future date. This Rule is a Rule of Procedure and it does not confer any substantive right on any party. The Rule does not provide any adverse consequence of the entire judgment not being pronounced in open Court immediately. In our considered view, the aforesaid Procedural Rule is merely directory in nature.