Law: Civil Procedure Code (V of 1908)

Section: 1, 3

Civil Procedure Code (V of 1908), O. XX, rr. 1 & 3 and O. XLI, r. 31-Displaced Persons (Compensation and Rehabilita tion) Act (XXVIII of 1958)-"Judgment"-No regular procedure for writing, pronouncement and delivery of judgments in Displaced Persons (Compensation and Rehabilitation) Act, 1958-Principles of O. XX, rr. 1 & 3 and O. XL1, r. 31, C. P. C. can be invoked---- Judgment pronounced in open Court by Judge dying before he could sign it-Judgment, in circumstance, not a nullity. A Settlement Commissioner hearing a revision under the Displaced Persons (Compensation and Rehabilitation) Act, 1958, accepted the same and announced his decision by a short urdu order "as per English order the revision petition is accepted". This short urdu order was signed by him but he died before signing the english order. It was contended that, in the circumstance, the unsigned english order was not a proper judgment in the case and was of no legal effect. The High Court negatived this contention and held that the provisions of the Code of Civil Procedure with regard to writing of judgments and pronouncement thereof by the trial Court are contained in Order XX, rules 1, 2 and 3 and by the Appellate Court in Order XLI, rule 31. Since there is no regular procedure prescribed for writing, pronouncement and delivery of judgments in the Displaced Persons (Compensa tion and Rehabilitation) Act (XXVIII of 1958), the principles embodied in the aforesaid provisions of the Code of Civil Procedure can be borrowed with advantage. The rules on the subject referred to above do not lay down the law that if the requirements are not complied with, the judgment or order shall be a nullity. A judgment is the final decision of the Court intimated to the parties and World at large by formal pronounce ment or delivery in open Court. It is a judicial act which must be performed in a judicial way. The decision which is so pronounced or intimated must be a declaration of the mind of the Court as it is at the time of the pronouncement. Minor irregularities as to the mode of delivery or manner of pronouncement do not matter as these can be cured. Up to the moment the judgment is…