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Subbu   07 February 2018

Judge absent and appeal timeline ending..

Dear Sir,

 

We are the defendents and the appellant has filed an execution of sale deed case in front of the district court judge. The said sale deed is forged. However, the lower court judge ruled for the appellant. We want to appeal the same in high court.

However, the judge after delivering the judgement went on sick leave and since the judgement copy was not signed - we are unable to secure the judgement copy to appeal in high court.

The said judge only gave us 90 days to execute the sale deed from the 'pronouncement of judgement' failing which the other party can register through court. This judgement is delivered in open court...Already 60 days are over. We are not sure what to do. We are going to district court daily to get certified copy but every time they say they dont have the signed judgement and judge is on leave and we have to wait till he returns..

Is there anything we can do to safegaurd our right to appeal in the absence of judgement copy... or anything else we can do to better to proceed...appreciate your expert advice !!



Learning

 7 Replies

Kumar Doab (FIN)     07 February 2018

Go thru the rules on ‘Pronouncement of Judgment’ on respective HC website…

The court has not agreed to your contention on ‘Forged sale deed’ and the judgment is pending for signature………..

Make an application for certified copy f the judgment and keep the receipt.

 

Kumar Doab (FIN)     07 February 2018

There are many threads on 'Pronouncement of Judgment' at LCI that you can search and even download the judgments, guidelines by Apex Court..

Subbu   08 February 2018

Judge ordered to register the land in favour of other party even though we contested saying the said deed is forged. He said the said registration needed to be executed within 90 days of pronouncement of the judgement. But now with out signing the judgement went on leave and not sure when he is going to come back We have applied for a certified copy and are still to receive it because the judge sign is pending.... What is the best way to proceed sir?

Vijay Raj Mahajan (Advocate)     08 February 2018

The time limit for any legal process begins from the date you get certified copies of the judgment/order/decree. The judgment is supposed to be pronounced only after the same is signed and stamped by the judge, even though you were told by the judge the order before he left for leave without signing the order and judgment or decree. You need not bother about 90 days period as its not your fault and period spend in obtaining the certified copies is exempted for any further legal process in the case.

Kumar Doab (FIN)     08 February 2018

Hope you/your lawyer has properly checked/examined that Judge has passed/signed an

(Interim) order/Judgment on dated……… as in your query ……..dictated IT/signed the draft copy/delivered the judgment ……………and IT becomes operative …, and you have applied for the certified copy of order dated………..as in query and have the receipt……

If an order is pronounced in open court then Judge might have signed IT.

If the order/judgment has not been signed, certified copy is not issued.

For pronouncement of judgment go thru the Apex Court judgments, guidelines, HC rules……….

I have posted these in detail in many threads and you can download.

Kumar Doab (FIN)     08 February 2018

You can also ask your own lawyer or go for 2nd opinion in person from a very able Senior LOCAL counsel of unshakable repute and integrity specializing in such matters and well versed with rule and having successful track record with all related docs …..

You may go thru the following case, which is although somewhat different ………….but touches upon ……………….

‘"Whether a judgment which has been pronounced in the open Court but has remained unsigned due to …………………..is a valid and binding judgment under the Code of Civil Procedure"’

Himachal Pradesh High Court

Smt. Phool Kumari (Since ... vs Nandu Ram Etc.

https://indiankanoon.org/doc/1467325/

Before you get carried away, mind IT……..IT is not judgment of your case…

Kumar Doab (FIN)     08 February 2018

 

Remain after and on heels of the Lawyer whom you have engaged and paid, to satisfy you.

If the lawyer is not responding or satisfying you verbally/in person, and /or if still you have doubts ,send your query in writing even if by email….and keep the irrefutable record to mind your own interest.

If you are not satisfied without any hesitation go for 2nd opinion in person from LOCAL counsel as already suggested above or change your lawyer…


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