Law:

Section:

Supreme Court Rules, 1980-----0. XXVI--When a mistake was committed by Judges and they wished to correct it, the parties should be resummoned and after pointing out the mistake they should correct it after hearing whatever they had to say on the subject--[Judgment].A civil appeal was heard by a Bench of Supreme Court on 7-3-1974. After the conclusion of the arguments the Judges announced that the appeal was being allowed. However, when the written was received in the office on 27-3-1974, it showed that the appeal had been dismissed and a certified copy of the said was also supplied by the Registry to respondent. [p. 664] A A letter was, accordingly, issued to the counsel for the respondents by the office on 8th April, 1974 to indicate that the copy of the issued to him was not to be acted upon. [p. 6651 B In the meanwhile the Judges who heard the appeal scored off their signatures appended to the dismissing the appeal whose copy :vas supplied on 1-4-1974 and recorded another duly signed by them, allowing -the appeal and this was received in the office on 19th May, 1974. [p. 666] C Held, there is no law which provides for scoring off the signatures after the has been signed. If indeed a mistake was committed by the Judges and they wished to correct it, the parties should have been resummoned and after pointing out the mistake, they should have corrected .it after hearing whatever they had to say on the subject. Undoubtedly, something can be said for the submission that the pronounced in open Court after conclusion of the hearing is the of the Court and it is that which conforms with the so pronounced which will be deemed to be the of the Court. But the submission on the other hand that the written duly signed by the Judges whose copy was supplied to the respondent (showing that the appeal was dismissed) cannot be just ignored and if any correction therein is warranted this is only possible by following the procedure prescribed for review under Order XXVI, is also equally plausible. [p. 669] D ORDER NASIM HASAN SHAH, J.--The facts, which form the background, are indeed extraordinary and unusual. A Civil Appeal No.48 of 1971 was heard by a Bench consisting of Mr.…

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