A judgment dictated in open court is valid and effective, even if not signed by the judge who delivered it.

1. These two writ petitions have been posted before me for orders.

2. These matters arise in the following circumstances: -
These two writ petitions along with Seven Civil Revision Petitions raise a common point. These matters were heard by late G. V. L. Narasimha Rao, J. It is admitted before me by counsel on either side that their arguments were heard by the learned Judge and judgments in both the writ petitions were dictated in open Court to the Court Master on 4-11-1993 and 6-11-1993 respectively. But before they were transcribed and placed before the learned Judge for signature, the learned Judge unfortunately passed away.

3. The Registrar (Judl.) verified and also recorded the statements of the Court Officers, who attended the Court on the respective dates, and found that the Judgments were dictated in open Court to the Court - master by the learned Judge on the respective dates, but by the time they were transcribed and placed before the learned Judge for signature, the learned Judge passed away on 7-11-1993. As stated above, the counsel on either side who appeared before the learned Judge and argued the matters also admitted that the cases were argued and the learned Judge after hearing the arguments dictated the Judgments to Court - master in open Court.

4. The important question that arises, in the circumstances, is with regard to the validity of the Judgment dictated in open Court to the Court Master by a learned Judge who died before signing the same.

5. The relevant provision, which has a bearing on the question, is R.24 of the Writ Proceedings Rules, 1977 made by the High Court in exercise of the power under Art.225 of the Constitution of India regulating the proceedings under Art.226 of the Constitution of India. The said rule is to the effect that: -
"All other rules relating to causes and matters coming before the Original Side and Appellate Side of the High Court and the provisions of the Code of Civil Procedure, 1908 will apply to the Writ Petitions and the Writ Appeals in so far as they are not inconsistent with the rules."

6. The rules relating to the method and manner of pronouncing the judgments and the requirements of dating and signing the judgments are provided for under Order XX, R.1, R.2 and R.3 of C.P.C. So far as the appeals are concerned, the relevant provisions are provided under Order XLI, R.30 and R.31 of C.P.C. Since we are dealing with the writ petitions, the relevant rules under Order XX are extracted below for convenience to the extent they are material for the purpose of the present discussion : -
 "JUDGEMNT WHEN PRONOUNCED :
1.(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, or 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 xxxx xxxx xxxx
Provided further xxxx xxxx xxxx
(2) xxxx xxxx xxxx
(3) The Judgment may be pronounced by dictation in open Court to a short - hand - 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.
2. xxxx xxxx xxxx
 JUDGMENT TO BE SIGNED :
3. The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save as provided by S.152 or on review."

7. The provisions of C.P.C. ref