It appears from the records that the depositions of the P.Ws. 1 and 2 were supposed to be signed by the Honble Judge (since deceased) at places marked in the depositions for the signatures of the Judge. The witnesses had signed the depositions. However, the Honble Judge had not signed them. It also appears that the evidence of the witnesses were taken from the dictation of the Judge directly on the typewriter. The case is appealable to the Supreme Court of India under S.116A of the Representation of the People Act, 1951 (the "Act" for short). The evidence of P. Ws. 1 and 2 were taken on 7-11-1983 and 8-11-1983 respectively. P.W. 2 was the Deputy Registrar (Administration) of the Gauhati High Court. He has now retired from the service.

2. A short question which arises for consideration is whether a Judge is required to sign the deposition of the witness in an election case. S.87(1) of the Act runs :

"Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the High Court, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits." (Emphas