PHOOL KUMARI Vs. NANDU RAM

JUDGEMENT

(1.) "Whether a judgment which has been pronounced in the open Court but has remained unsigned due to the death of the judicial Officer is a valid and binding judgment under the Code of Civil Procedure" is the common question of law which is involved in the present set of nine revision petitions taken up by this court in exercise of its suo motu powers under S. 115, Code of Civil Procedure { for short the Code)

(2.) Civil suits No. 280/1 of 1999/96. 452/ 1 of 1999, 314/1 of 1999/96, 132/1 of 1999/92 and 376/1 of 1999/96 were decreed by the learned Sub Judge 1st Class, Kasauli at Solan, respectively on 6-10-2001, 24-9-2001, 10-10-2001, 12-9-2001 and 20-9-2001 while Civil Suits No. 54/1 of 2000/ 96, 91/1 of 1999/94, 565/1 of 1999/93 and 154/1 of 1999/98 were dismissed respectively on 22-8-2001, 16-10-2001, 28-7-2001 and 29-9-2001.

(3.) The learned Sub Judge, namely, Shri Piar Chand Chauhan, who recorded the judgments in all the above mentioned cases and had pronounced them in open Court on respective dates, died on 20-11 -2001. The judgments in all the above noted cases could not be signed by him either for the reason of late transcription of the judgments or for some other reason.