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1986 Supreme(Kar) 182

Karnataka High Court
Assistant Commissioner, Belgaum - Appellant
Versus
Chandasahab Mohaddinsab Mujawar - Respondent
Decided On : 04-18-86

The judgment becomes a part of the record only after it is signed by the judges. Dictation to a stenographer does not amount to a judgment within the meaning of Order 20 Rule 1 C. P. C. The judgment can be completely changed before it is signed and sealed provided notice is given to all the parties concerned and they are heard before the change is made.

Headnote:

Judgment Recall - Court's Power to Recall Order - Order 20 Rule 1 C. P. C. - The judgment becomes a part of the record only after it is signed by the Judges. Dictation to a Stenographer does not amount to a judgment within the meaning of Order 20 Rule 1 C. P. C. and does not amount to the pronouncement of the judgment. The judgment can be completely changed before it is signed and sealed provided notice is given to all the parties concerned and they are heard before the change is made.

Fact of the Case:

The court recalled an order dated 8-1-1986 after hearing submissions from the Government Pleader and other parties, as it felt the matter needed a second look. The court held that the oral dictation made to the stenographer on 8-1-1986 did not amount to a judgment as the transcript had not been signed by the judges.

Finding of the Court:

The court found that the order dated 8-1-1986 did not form part of the record as it had not been signed by the judges, and therefore the copying applications for obtaining certified copies of the non-existent order were rejected.

Issues: The main issue was whether the court had the power to recall the order dictated to a stenographer in open court before the transcript was signed by the judges.

Ratio Decidendi: The judgment becomes a part of the record only after it is signed by the judges. Dictation to a stenographer does not amount to a judgment within the meaning of Order 20 Rule 1 C. P. C. The judgment can be completely changed before it is signed and sealed provided notice is given to all the parties concerned and they are heard before the change is made.

Final Decision: The court rejected the copying applications filed for obtaining the certified copies of the non-existent order which does not form part of the record.

KULKARNI, J.

( 1 ) SHRI I. G. Gachchinamath for res. pondent-1 has filed to copying applications in C. R. Nos. 743 and 4951 of 1986 praying for issue of the certified copies of the judgment and decree passed in the present appeal - M. F. A. No. 2100 of 1983-on 8-1-1986. The office has made a note that the order dated 8-1-1986 was recalled by us on 17-1-1986. The office has also sought for a direction as to whether the certified copy of the order dated 8-1-1986 could be issued when the said order is not on the file and in the records.

( 2 ) HEARD Shri I. G. Gachchinamath who has applied for certified copies and also the learned Government Advocate shri Hiremath in the matter.

( 3 ) M. F. A. No. 1200 of 1983 had come up before us for hearing on 7-1 - 1986. On that day arguments were heard in part and the matter was adjourned for further hearing to 8-1-1986. On 8-1-1986 arguments of all the advocates appearing for all the parties were completed and an order was dictated to the stenographer in the open Court dismissing the appeal. The transcript was prepared by the Stenographer and sent to us and before we signed it, it occurred to us that the matter needed a second look. Before we signed the order, the learned Government Advocate Shri hiremath submitted that he wanted to urge some more points of facts and of law and that he also wanted to argue regarding the question of the applicability of the Karnataka amendment to the Land Acquisition Act. The learned government Advocate Shri Hiremath submitted that the points which he wanted to urge, were of general importance. He also submitted before us that the effect of the so called admission of a party needed to be considered. We also were of the opinion that the matter needed a second look. Therefore before signing the transcript we, after hearing the advocates, recalled on 17-1-1986 the order dated 8-1-1986. Now the question that arises is whether this Court has got the power to recall the order dictated by it to a Stenographer in the open Court before the transcript is signed by us.

( 4 ) ORDER 20 Rule 1 C. P. C. reads as: the Court after the case has been heard, shall pronounce judgment in open Court, either at once or 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 shall be made available for the perusal of the parties or the pleaders immediately after the judgment is pronounced. (3) The judgment may be pronounced by dictation in open Court to a shorthand writer is 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 su










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