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Bunny Chintu   21 May 2023

judgement

I filed a suit for declearation in the honourable court of junior Civil Judge. but defendant did not turned though summons were served through court and Registered post and posted for exparte evidence of the plaintiff and exparte evidence is also over and Arguments also about 12 months back. The honourable court did not pronounced the judgment till date despite repeated requests and a memo also.
hence I request you the all learned experts, advice on this.
thanq.


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 May 2023

You can approach high court with a petition seeking direction to the concerned court to dispose the matter expeditiously.

 

Niharika Lohan   22 May 2023

 

Hi Bunny, I'm Adv Niharika and here is my take on your query.

S.353(1) of Code of Criminal Procedure.Sub-section (1) provides that the judgment in every trial in any criminal court of original jurisdiction, shall be pronounced in open court immediately after the conclusion of the trial or on some subsequent time for which due notice shall be given to the parties or their pleaders. The words "some subsequent time" mentioned in Section 353 contemplate the passing of the judgment without undue delay, as delay in the pronouncement of judgment is opposed to the principle of law. Such subsequent time can at the most be stretched to a period of six weeks and not beyond that time in any case. The pronouncement of judgments in the civil case should not be permitted to go beyond two months."

The Hon'ble Supreme Court in Anil Rai v. State of Bihar, (2001) 7 SCC 318 has passed certain guidelines regarding pronouncement of judgments. The same are reproduced below:

(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 Chief Justice concerned 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 it, any of the parties in the case is permitted to file an application in the High Court with a prayer for early judgment.

(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.

I’m also attaching a copy of another Supreme Court judgement, which will be of your avail. Kindly find attachment of the same.

I hope this information yields useful to you and in case of further query, you can reach me via email at niharikalohan@yahoo.com


Attached File : 949228 20230522031430 dalbir singh vs satish chand on 22 july 2020.pdf downloaded: 10 times

Mp Krishnaiah   23 May 2023

Dear sir,

You are 100%right. But unfortunately many months over by plaintiff's evidence and arguments and written arguments and a memo also filed requesting the honourable court praying the matter is exparte but no response from the honourable and some times most of the advocates filing suits by showing high value in the subordinate courts. I am not able to understand and not able to go to high court due to the financial capacity of my client. 

Any how thanq very much for your reply .

Tayyab Islam   18 October 2023

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