2002 Supreme(AP) 1494
Andhra Pradesh High Court
Judges : GHULAM MOHAMMED
Ch.Sanjeeva Reddy - Appellant
Versus
Senior Civil Judge at Manthani, karimnagar District - Respondent
CRP.No.4686/02
Decided On : 12-27-02
Advocates Appeared :
Mr. A. Sudershan Reddy,Mr.B.Adinarayana Rao
Headnote:CIVIL PROCEDURE CODE, Or 20, Rule 1 - CONSTITUTION OF INDIA, Art227 - Senior Civil Judge not pronouncing judgment after hearing parties - Revision filed under Art227 seeking direction to pronounce judgment - High Court can exercise powers both judicial and administrative superintendence over Subordinate Courts and Tribunals under Art227 - Lower Court ought to have pronounced judgment within 60 days as ordained in Or20, R1 CPC - Failure to adhere to said legislative mandate by lower Court would be negating purpose for which said provision had been introduced in CPC - High Court can issue direction to Court below to keep itself within bounds of its jurisdiction by adhereing to law - Senior Civil Judge directed to pronounce judgment within one week - CRP allowed
( 2 ) THE case of the petitioner is that he preferred C. M. A. No. 6 of 2002 under Order 41, Rule 1 and 2 CPC aggrieved by the order dated 2-7-2002 passed in I. A. No. 114 of 2002 in O. S. No. 28 of 2002 by the Junior Civil judge, Manthani, in dismissing the said IA filed seeking interim injunction pending disposal of the suit filed for perpetual injunction against the respondents. The grievance of the petitioner is that the Court below having heard the counsel on both sides on merits, reserved the matter for judgment, but could not pronounce the judgment till this date, causing irreparable loss and prejudice to the petitioner, therefore this present civil revision petition under article 227 seeking a direction to the Court below to pronounce the judgment in the interest of justice.
( 3 ) HEARD learned counsel for the petitioner.
( 4 ) THE law as ordained in Order 20, rule 1 CPC is that the Court shall make every endeavour to pronounce the judgment within 30 days from the date on which the hearing was concluded and in exceptional and extraordinary circumstances, the Court can pronounce the judgment on such day which shall not ordinarily be beyond 60 days from the date of conclusion of hearing. Thus, the law obligates the Court to pronounce the judgment within a period of 60 days as outer limit and taking it as an extraordinary case. It would be pertinent to extract, Order 20, rule 1 CPC, which reads thus:"r-1. Judgment when pronounced- (1) The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; 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 fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, the court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders: provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case was concluded, the court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders. (2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment, but a copy of the whole judgment, (********) (3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by the High court in this behalf: provided that where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the Judge, bear the date on which it was pronounced, and form a part of the record. "
( 5 ) A plain reading of Order 20, Rule 1 CPC it is clear that the Court is obligated to pronounce the judgment within a period of 30 days from the date on which the hearing of the case was concluded and in exceptional and extraordinary circumstances, it can pronounce the judgment not later than 60 da