SANGAM LAL Vs. RENT CONTROL AND EVICTION OFFICER, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) <DJG>S.K.VERMA, J.</DJG> In Faulad v. State, 1961 All LJ 244 : (AIR 1961 All 326), a Division Bench of this Court, consisting of V.G. Oak and Kailash Prasad JJ., took the view that, until a judgment is signed and sealed after delivery in Court, it is not a judgment and it can be changed or altered at any time before it is signed and sealed. Another Division Bench of this Court, consisting of Jagdish Sahai and G.C. Mathur JJ, doubted the correctness of the view taken in Faulads case, 1961 All LJ 244 : (AIR 1961 All 326), and for this reason the latter Bench has referred the following question for decision by a Full Bench :- "Whether, after a judgment has been orally dictated in open Court but before it is signed and sealed, it can be completely changed ?" This Full Bench has been constituted for the purposes of answering the question mentioned above.

(2.) THE answer to the question depends upon the interpretation of Chapter VII rules 1 to 4 of this Court. In Faulads case. 1961 All LJ 244 : (AIR 1961 All 326) (supra), V.G. Oak and Kailash Prasad JJ. considered the language of Chapter VII rules 1 to 4 and relied upon a number of authorities mentioned in their judgment in support of the conclusion at which they arrived. This question was considered by their Lordships of the Supreme Court in Surendra Singh v. State of Uttar Pradesh, AIR 1954 SC 194. Their Lordships referring to rules 1 to 4 of Chapter VII said this :-