(1.) THE present petition has been filed under Articles 226 and 227 of the Constitution of India for quashing and setting aside the order dated 19.12.2012 passed by the learned Principal District Judge, Jamshedpur in Civil Misc. Petition No. 35/2012 whereby the petition filed under Section 24, C.P.C. has been disposed of without granting relief(s) as sought for by the petitioner. The brief facts and the case is that: -
(2.) LEARNED counsel for the petitioner submitted that; (i) the petitioner has challenged the termination order passed in Title Suit No. 90 of 2006 by the respondent authorities. The prayer clause (b) of the petition, it is prayed that the petitioner is entitled to enjoy all the emoluments attached to his salary including his quarter till the disposal of this suit and on the other hand, in the complaint case filed by the respondent i.e. C -1 Case No. 139 of 2006, the prayer was made to the effect that the accused may be ordered to deliver the vacant possession of the premises allotted to him within the period specified by the Court and also for inflicting the punishment according to law for such offence.
(3.) SO far the objections raised by the learned counsel for the respondent that once a judgment was dictated in the open court the same become final and conclusive, the issue in this regard is no more res integra. The Hon'ble Apex court in various pronouncements held that unless and until the judgment is signed and sealed after delivery in the court, it is not a judgment and the same can be changed at any time.