BANARSI DAS Vs. SAGAR MAL

JUDGEMENT

(1.) This is an application purporting to be under Section 151, Civil P.C. in First Appeal No. 358 of 1925. The prayer in this application is to be found in para. 8 which runs as follows: That considering that the judgment was not delivered for a considerably long time after the hearing of the argument and that it was possible to miss important points advanced in argument and considering the technical defect in delivery of judgment which makes it a nullity, it is prayed that the case may be treated as undecided and may be re-heard or in the alternative if the judgment may be considered to be a legal judgment it may be revised.

(2.) This application is signed by a counsel who did not appear in the case, and Mr. K.D. Malaviya on behalf of Mr. Muhammad Husain asked us to postpone the hearing as Mr. Muhammad Husain was not in Court. We did not consider that a sufficient reason for postponing the hearing when the counsel must have known that this Bench was constituted specially to hear the application today.

(3.) The points urged by Mr. Malaviya are that the judgment of this Court was not properly signed and delivered, because according to him on 8 August 1928, the complete judgment was not read out in Court and was not signed by either of us on that date, that under Order 41, Rule 31, Civil P.C., every judgment of this Court in appeal had to be in writing and had to be signed when it was pronounced and the Judges had to date it. He further submits that under Ch. 7, Rule 3 of the Rules of the High Court when a written judgment is delivered in an appeal it had first to be signed by the Judges who heard the case and only then could be pronounced by one of such Judges. It is urged by Mr. Malaviya that the non- compliance of the rules in view of the affidavit filed by his client makes the judgment a nullity, and therefore the case must be treated as not disposed of and an undecided case, and therefore he prays that his client should be given an opportunity of re-arguing the case before this Bench.