CHOWARAM BACHAN Vs. THANURAM

JUDGEMENT

(1.) This civil revision has been referred to a Division Bench for decision at the instance of V.R. Sen. J. as it involves a point of general importance. The question that arises for consideration is whether a judgment purported to be delivered by Shri R.L. Gupta, Additional District Judge, Durg, on 14-12-1956, in civil suit No. 12-A of 1954, was legally valid in law.

(2.) The facts which have given rise to the problem may now shortly be stated. The suit was instituted on 10-9-1954 for the recovery of Rs. 16,000/-. The parties closed their case on 1-12-1956. After arguments, the Court fixed the case for judgment on 11-12-1956. On that date it was adjourned to 14-121956, on the ground that the judgment was not ready. The order-sheet of 1412-1956 reads as follows:

(3.) This 'judgment' does not bear the signature of the judge, bears a typed date, 11-12-1956, and concludes with the paragraph :