Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (8) TMI 255

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - 22-7-2020 - Prathiba M. Singh, J. For the Appellant : Harsh Kumar and Ms. Sikha Gogoi ORDER PRATHIBA M. SINGH, J. 1. This hearing has been done by video conferencing. 2. The present petition has been filed by the Petitioner, who had filed a suit for mandatory and permanent injunction against his sons in respect of property bearing No. P-24, Pandav Nagar, Mayur Vihar Phase-I, Delhi-110091. In the said suit, the Plaintiff/Petitioner had moved an application under Order XII Rule 6 CPC, which was heard on 18th February, 2020 and thereafter reserved for orders. The grievance of the Petitioner in this petition is that despite the matter being reserved for orders, no orders were pronounced in the Order XII Rule 6 ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... #39;ORDER'. The screen shot is extracted below: 16/07/2020 26 Daily Status Senior Civil Judge cum RC, East, KKD In The Court Of : Civil Judge CNR Number : DLET030011472019 Case Number : Civ Suit/0000699/2019 DALBIR SINGH Versus SATISH CHAND ORS. Date : 8-07-2020 Business : - Reason for : National Lock Down Adjournment Next Purpose : Order Next Hearing Date : 31-07-2020 Civil Judge 5. As per the settled law, order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... not be permitted to go beyond two months. 7. The Hon'ble Supreme Court in Anil Rai (supra) has also passed certain guidelines regarding pronouncement of judgments. The same are reproduced below: (i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title, date of reserving the judgment and date of pronouncing it be separately mentioned by the Court Officer concerned. (ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various Benches in the High Courts to furnish every month .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s thirty days as the time in which a judgment should be pronounced. Order XX Rule 1 of the CPC reads as under: 1. Judgment when pronounced.-[(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders: Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the except .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... he matter is reserved for orders. If the court is comfortable in giving a specific date for pronouncing orders, specific date ought to be given; iii. Orders ought to be pronounced in terms of the judgment of the Supreme Court in Anil Rai (supra); iv. The order ought to specify the date when orders were reserved and the date of pronouncement of the order. 6. In Puneet Kumar (supra) recently a ld. Single Judge has clarified as under: This petition has been filed seeking modification of the office order dated 15-4-2020 issued by the Registrar General, Delhi High Court, directing the suspension of functioning of Courts subordinate to the High Court till 3-5-2020 and further directing that the matters listed between 16-4-2020 and 2 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... terated that the lockdown ought not to affect pronouncement of judgments/orders where arguments have been heard and the same is reserved. Repeated adjournments `FOR ORDERS' or for `Pronouncement of judgment' would not be permissible even during the lockdown. 8. Copy of this order be circulated to all District Judges to be communicated to all Judicial Officers in the Trial Court so that reserved orders/judgments that are pending can be pronounced and are not simply adjourned `FOR ORDERS' as has happened in the present case. 9. Copy of this order be also sent to the Registrar General DHC, for appropriate action. With these observations, the revision petition is disposed of. All pending applications are also disposed of. - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates