MUHAMMAD AMIN Versus MUHAMMAD RAMZAN

ORDER

The petitioner filed an Application in, person on 7-12-1987 saying that the learned Civil Judge, Khanewal trying the suit announced the judgment in the case entitled Ch.Muhammad Ramzan v. Muhammad etc. on 12‑11‑1987 but the judgment had not yet been written nor the applicant had been given a copy thereof, He alleged that the trial Court had done so on obtaining a car from ‑the other side. A learned Judge observed that "Since serious allegations have beer, levelled against the Civil Judge concerned, therefore, the Deputy Registrar of this Court is directed to proceed to Khanewal and secure the file of the case titled Muhammad Ramzan v. Muhammad etc., decided on 12‑11‑1987 and also take down the statements of the concerned officials and produce before me tomorrow." On 8‑12‑1987, in the presence of the petitioner the Deputy Registrar submitted his report and the file concerned containing unsigned judgment. It was observed that "Proper action thereon is being taken on the file containing office noting." In the office noting explanation of the learned Civil Judge was called for, He submitted that "it was a genuine, inadvertent and bona fide slip of mind that I failed to sign the judgment which was ready in a‑ fair type. While he was pre‑occupied with rush of work, he received the sad news of serious illness of his mother and was constrained to visit her in his native town in Jhelum District for the period from 29th November to 4th of December, 1987. Since he had been transferred in the meanwhile, therefore, in a grip of sorrows, tension, anxiety and hurry to pack for the new station, immediately on reaching Khanewal on 5th December, 1987, it just skipped over his mind to enquire from the staff, if any judgment required his signatures. Most probably hearing the news of his mother's precarious condition, the staff too forgot to remind him or place the relevant judgment for signatures. This matter is being dealt with separately on the office noting on the administrative side.

2. The relevant provisions are contained in Rule 2 of the Lahore High Court Rules and Orders Volume 1, Chapter 11‑A as follows:‑

2. Directions re: Judgments:‑ In the preparation and delivery of judgment the attention of the Civil Courts is drawn to the following directions: ‑

(1) The judgment should be written either in the language of the Court, or in English;

(2) When a judgment is not written by the Presiding Officer with his hand, every page of such judgment shall be signed by him;

(3) It should be pronounced in open Court after it has been written and signed;

(4) It should be dated and signed in open, Court at the time of being pronounced and when once signed shall not afterwards be added or added to save as provided by section 152 or on review;

(5) if it is the judgment of any Court other than a Court of Small Causes, it should contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision;

(6) if it‑ is the judgment of a Court of Small Causes, it should contain the points for determination, the decision thereon and the reasons for such decision;

(7) it should contain the direction of the Court as to costs.",

3. From the above it would be quite obvious that a judgment is the one written, signed and pronounced in Court. From the perusal of the original file it appears that the learned Civil Judge had dictated the judgment and as admitted had also announced it. But he never signed it. He was transferred therefrom and handed over charge. He is in no position to sign the judgment. Without signatures, the judgment is not a proper judgment, nor, can a decree follow. In this view of the matter, the petitioner as well as the learned counsel representing him and the learned counsel for the opposite party agree that the file may be sent to the learned successor Court for decision. Since the arguments have been concluded before the original Court, the learned successor Court may re‑hear the arguments and pronounce the judgment in accordance with law. The learned Court is directed to dispose of the matter as soon as possible but not later than three AL months. The parties are directed to appear before the learned trial Court on 9‑4‑1988. The office is directed to send the file to the learned successor Court immediately. The application is‑ ‑accordingly, disposed of.

M. B. A. /M-673/L Order accordingly.