RAMJI DASS Vs. INDER AND ANR.

JUDGEMENT

(1.) The point before me raises a question of considerable importance.

(2.) On March 20, 1975, after hearing counsel for the parties in this second appeal I dictated judgment in open court and dismissed the appeal. Before the judgment could be signed and sealed an application (CM.P. No. 241 of 1975) was made by counsel for the Appellant on the same date that the appeal be treated as a revision petition and considered accordingly. On that application an objection was raised by counsel for the Respondents that the judgment having been dictated orally in open court it had become final and could not now be reconsidered. The question is whether a judgment in such circumstances is final and cannot subsequently be withdrawn, altered or modified before it is signed and sealed.

(3.) Before considering the different aspects of the question, reference may be made to certain statutory provisions. Order 20 Rule 1 of the Code of Civil Procedure provides that after the case has been heard the Court shall pronounce judgment in open court, either at once or on some future date. Order 20 Rule 3 requires that the judgment be dictated and signed in open court at the time of pronouncing it and declares that once the judgment has been signed it shall not afterwards be altered or added to, save as provided by Sec. 152 or on review Those provisions relate to the trial Court. Order 41 Rules 30 and 31 provide that the Appellate Court shall pronounce judgment in open court either at once or on some future day, and the judgment at the time when it is pronounced shall be signed and dated by the Judge or by the Judges concurring therein. As regards the Rules of Court, Rule 3 of Chapter 4 -G of Volume V. declares that when judgments are delivered orally a note thereto must be taken in writing in the English language or short -hand by an officer of the court in attendance for the purpose and that the note so taken shall be written out or typed in full by the officer by whom it was taken and shall be submitted by him to the Judge for correction. After being corrected by the Judge, where necessary, it shall be filed as the judgment of the court. It is clear that in the case of judgment dictated in court it becomes the judgment of the court only after it has been corrected by the Judge. My attention has also been invited to Rule 3 of Chapter 4 -H, which provides that when an appeal has been heard by a Bench the written opinions of the Judges who heard the appeal but meanwhile have ceased to be attached to the court before delivery of the Judgment shall, unless delivered by another Judge of the Bench which heard the appeal, be deemed to be minutes merely and not judgments. This rule applies where before the judgment could be delivered some of the Judges had ceased to be Judges of the court. It is not relevant to the point before me.