This application is moved seeking mandatory direction calling upon learned Principal Judge, City Civil Court, Ahmedabad either to take up the matter by him or to assign to a Judge who can dispose of the matter.
2. Earlier, this very applicant had approached this Court by filing Special Civil Application No.1446 of 2012 pointing out that Civil Suit No.2084 of 1997 was already finally heard, but learned Judge, who had heard the arguments, did not render judgment and the suit was kept as it is and he pointed out various difficulties being faced by him because of non rendering of the judgment in the said civil suit. This court therefore, by order dated 1.2.2012 passed following order:-
"1. This Special Civil Application is filed for a very limited prayer, to direct the learned Judge, who has heard Civil Suit No.2084 of 1997, to deliver judgment forthwith on or before 10th February.
2. Learned advocate Mr. Gandhi has pointed out several difficulties of the petitioner and stated that the petitioner is constrained to approach this Court for the facts stated in the petition, especially when one First Appeal filed by the petitioner is pending before this Court.
3. Though this Court is not inclined to accept the petition and to grant the prayers made therein, however, in the facts and circumstances of the case, the learned Judge is requested to consider the difficulties being faced by the petitioner and, if possible, the learned Judge would make endeavour to deliver judgment at the earliest in Civil Suit No.2084 of 1997.
4. Learned advocate is at liberty to bring to the notice of the learned Judge the order passed by this Court in the present petition and the other difficulties being faced by the petitioner for non-delivering of judgment in the above-said Civil Suit.
5. With the aforesaid observations, the petition is disposed of.
Direct Service is permitted."
3. The applicant has stated before this Court that not only the applicant had apprised learned Judge who had heard the above said suit about delivering the judgment at the earliest by drawing his attention to the above said order passed by this Court, but the applicant had also drawn attention of the learned Principal Judge that after above said order was passed, about one month's time has passed. The applicant has stated that even if the learned Judge who had heard the above said civil suit, does not find any time to deliver the judgment, learned advocate appearing for the applicant is ready to again make final arguments before any other Judge to whom his civil suit is transferred. The applicant has drawn attention of this Court to an application lastly given on 26.3.2012 to learned Principal Judge, City Civil Court, Ahmedabad praying to direct learned Judge, who had heard above said suit to deliver the judgment or to transfer the said suit to any other Court for passing urgent orders. At this stage, reference to provisions of Order 20 is required to be made. Sub Rule (1) of Order 20 reads as under:-
"Judgment when pronounced.[(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter, as may be practicable 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 that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.] [(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment, (3) The judgment may be pronounced by dictation in open Court to a shorthand 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.]
4. In view of above provisions, the applicant is justified to make grievance about non rendering judgment within reasonable time though final arguments have already been concluded. The applicant also stated that learned advocate for the applicant is ready to make arguments before any other Judge to whom civil suit is transferred. Learned advocate for the applicant has pointed out various difficulties on account of non deciding the civil suit finally though the civil suit is already heard and kept for final decision.
5. Under these circumstances, Registry is directed initially to call for report from learned Principal Judge as to what steps could be taken for early decision of the above said civil suit. Report of the learned Principal Judge shall be called for by the Registry by 12.4.2012.
S.O.
to 13.4.2012.
(C.L.
Soni, J.) shekhar* Top