2000 (10) TMI 983 - HC - Indian Laws

Summary

Issues:
1. Application under Order 13, Rule 2, CPC after final arguments and case reserved for judgment.

Analysis:
The Rajasthan Financial Corporation filed a civil suit, and after the trial was complete and the case was reserved for judgment, the plaintiff moved an application under Order 13, Rule 2, CPC. The trial Court rejected the application, stating that after arguments were heard and the case was closed for judgment, no further applications could be accepted. The revision petition was filed challenging this decision.

The main issue to be decided was whether a party could file an application after final arguments and when the case was reserved for judgment. Referring to the Supreme Court decision in Arjun Singh v. Mohindra Kumar, it was highlighted that once the hearing is completed, the parties have no further rights or privileges, and there is no stage between the reservation of judgment and pronouncement. The Court discussed various citations brought up, emphasizing that applications cannot be entertained after the case is closed for judgment.

Different decisions were cited, including a single Bench decision of the Rajasthan High Court, a case from the Supreme Court, and a decision from the M.P. High Court. The Court disagreed with the views presented in these cases, stressing that no application could be moved after the arguments were heard and the case was closed for judgment. The Court also discussed a decision from the Punjab and Haryana High Court, where an application under Order 13, Rule 2, CPC was accepted after arguments but before judgment. However, it was clarified that the trial Court has the jurisdiction to delay pronouncing judgment if necessary, but parties cannot move applications in between closure for judgment and pronouncement.

In conclusion, the Court held that the principles established in the Supreme Court decision of Arjun Singh's case should be applied to the present case. The revision petition was dismissed, emphasizing that no applications could be entertained after the case was closed for judgment.