Court Rules
CHAPTER 11
Ch. 11
Judgment and Decrees
Part A]
Part A
PREPARATION AND DELIVERY OF JUDGMENT
1. Early pronouncement advisable. Parties to have due notice of the day fixed—When the
trial in Court is over, the Judge should 1 proceed at once, or as soon as possible to the
consideration of his judgment. If 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 date shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded and also if the 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 in every case the due notice of the day so fixed shall
be given to the parties or their pleaders).
--Supreme Court issued guidelines in case of Anil_Rai_vs_State_Of_Bihar_on_6_August,_2001
Justice K.T. Thomas and Justice R.P. Sethi began their judgment in Anil Rai v. State with the observation : "The magistrate who cannot find time to write judgment within reasonable time after hearing arguments ought not do any judicial work at all. This Court strongly disapproves the magistrates making such a tremendous delay in the delivery of his judgments." The Supreme Court in the above case strongly deprecated the practice of judges in 'reserving' judgments in matters and not pronouncing them for long periods of time. The Supreme Court laid down the following guidelines for the said purpose, which are enumerated hereinbelow;
i) The Chief Justices of the High Courts may issue appropriate directions to the Registry that in a case where the judgment is reserved and is pronounced later, a column be added in the judgment where, on the first page, after the cause-title date of reserving the judgment and date of pronouncing it be separately mentioned by the court officer concerned.
ii) That Chief Justices of the High Courts, on their administrative side, should direct the Court Officers/Readers of the various benches in the High Courts to furnish every month the list of cases in the matters where the judgments reserved are not pronounced within the period of that month.
iii) On noticing that after conclusion of the arguments the judgment is not pronounced within a period of two months the concerned Chief Justice shall draw the attention of the Bench concerned to the pending matter. The Chief Justice may also see the desirability of circulating the statement of such cases in which the judgments have not been pronounced within a period of six weeks from the date of conclusion of the arguments amongst the judges of the High Court for their information. Such communication be conveyed as confidential and in a sealed cover.
iv) Where a judgment is not pronounced within three months from the date of reserving judgment any of the parties in the case is permitted to file an application in the High Court with prayer for early judgment. Such application, as and when filed, shall be listed before the bench concerned within two days excluding the intervening holidays.
v) If the judgment, for any reason, is not pronounced within a period of six months any of the parties of the said lis shall be entitled to move an application before the Chief justice of the High Court with a prayer to withdraw the said case and to make it over to any other bench for fresh arguments. It is open to the Chief Justice to grant the said prayer or to pass any other order as he deems fit in. the circumstances.
Judgment is followed by a decree which is its operating part.
Civil Procedure Code, 1908
section 2 of the C.P.C.
Order 20 of this Act.
Accordingly amendment was introduced providing a time limit for the declaration of the judgment. If it is not possible to pronounce the judgment at once, it should be declared within thirty days from the day of conclusion of the hearing and in case some extreme situation arises then the provision is also there to extend this declaration of pronouncement till the sixtieth day from the conclusion of hearing. Thus judge have a discretionary power for the pronouncement of judgment for these sixty days but after that declaration becomes mandatory on the part of the judge.
Kindly approach your lawyer and request the court.
Valuable advice of learned experts/memebers is sought.
