9911796707
TMI Blog1984 (6) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the third, fourth, fifth and sixth respondents were the respondents in Civil Appeal No. 127-S/13 of 1982 which was instituted in the District Court, Solan and Sirmur Districts at Solan on Mar. 10, 1982. The appeal thereafter reached hearing before the learned Additional District Judge from time to time. It appears that the arguments were finally heard on Aug. 23, 1983 and the case was adjourned to Aug. 25, 1983 for pronouncing judgment: The case appears to have been adjourned from time to time thereafter for pronouncing judgment and finally it stood adjourned to Sept. 21, 1983. In the order-sheet of the record of the appeal, the following order finds place under the said date line : "Called. Present. Sh. Sunder Singh appellant i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Judge in signing and dating the judgment is regarded by the law as an act perfecting the judgment. Both Order 20 Rule 1 and Order 41 Rule 31 of the Civil P.C. require the Judge to sign and date the judgment on pronouncing it in open court. The requirement is not mere formality. It is an act which makes the judgment complete. Once the judgment is signed and dated after being pronounced in open court it cannot, as Order 20 Rule 3 declares, be altered or added to except for the limited purpose mentioned therein. That finality is also implied in Order 41 Rule 31." In para 11 of the judgment the learned Chief Justice reiterated the view by observing that so long as a judgment is not perfected by signing it, it would appear that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... found made only in a few pages of the draft judgment and that the remaining pages of the judgment do not have any corrections. It may be because the learned Additional District Judge might have found that no such corrections were necessary or may be because he had no time to go through the remaining pages of the draft judgment. Be that as it may, the indication from the circumstance of not appending the signature to the judgment under such circumstances clearly is that even the learned Additional District Judge regarded the transcript merely as a draft judgment and that he considered it no better than that. 8. Equally true it is that a decree formally drawn up was duly signed by the learned Additional District Judge on the same day on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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