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Tarigopula Nagiah Vs. Komineni Seshamma and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in65Ind.Cas.82
AppellantTarigopula Nagiah
RespondentKomineni Seshamma and ors.
Cases ReferredBai Dahi v. Hargovan
Excerpt:
civil procedure code (act v of 1908, order xx, rule 1 - notice announcing result of case posted on notice board--compromise--petition--court, jurisdiction of. - .....of order xx, rule 1, civil procedure code, as to the pronouncements of judgments in open court.2. we agree with the view taken by the bombay high court in bai dahi v. hargovan das 8 bom. l.r. 229 that the practice of omitting to pronounce judgment in open court is both inconvenient to the parties and in direct opposition to an express provision of the law.3. when the vakils addressed the district judge on monday, the 15th marsh 1920, as to the appeal, the appeal was still pending for want of a delivered judgment. the district judge had thus jurisdiction at that time to receive a petition of compromise and to pass the necessary orders upon it. his order declining jurisdiction must now be set aside; and he is directed to take the petition on file and dispose of it awarding to law.4. costs.....
Judgment:

1. We do not consider that the posting of a notice upon the notice board of the Court announcing the result of the appeal was a sufficient compliance with the requirements of Order XX, Rule 1, Civil Procedure Code, as to the pronouncements of judgments in open Court.

2. We agree with the view taken by the Bombay High Court in Bai Dahi v. Hargovan das 8 Bom. L.R. 229 that the practice of omitting to pronounce judgment in open Court is both inconvenient to the parties and in direct opposition to an express provision of the law.

3. When the Vakils addressed the District Judge on Monday, the 15th Marsh 1920, as to the appeal, the appeal was still pending for want of a delivered judgment. The District Judge had thus jurisdiction at that time to receive a petition of compromise and to pass the necessary orders upon it. His order declining jurisdiction must now be set aside; and he is directed to take the petition on file and dispose of it awarding to law.

4. Costs of this civil miscellaneous appeal in this Court will be borne by respondents.


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