Code Of Civil Procedure 1908 – Order XX – Practice to pronounce the operative part with the outcome and to provide the reasons later in detailed final judgments- It would be prudent to leave it to the learned Judges to pick any one of the three options [(i) dictation of the judgment in open court, (ii) reserving the judgment and pronouncing it on a future day, or (iii) pronouncing the operative part and the outcome, i.e., “dismissed” or “allowed” or “disposed of”, while simultaneously expressing that reasons would follow in a detailed final judgment supporting such outcome]- It would be in the interest of justice if any learned Judge, who prefers the third option (supra), makes the reasons available in the public domain, preferably within 2 (two) days thereof but, in any case, not beyond 5 (five) days to eliminate any kind of suspicion in the mind of the party losing the legal battle. If the pressure of work is such that in the assessment of the learned Judge the reasons in support of the final judgment cannot be made available, without fail, in 5 (five) days, it would be a better option to reserve the judgment. Also, if the ultimate order would have the effect of changing the status of the parties or the subject matter of the lis, it would always be advisable to stick to the course envisaged in Order XX.
Quotable Quotes -Since, the fraternity of learned Judges of all the courts are interested to preserve the dignity of the respective judicial institutions with which they are associated, all learned Judges must be mindful of the impact of their actions on the society at large. Dealing with lakhs of litigation is no mean task, but at the same time we must realize that instances do emerge leaving absolutely no margin for error. It is our duty as Judges to stand tall and rise to the challenge. (Para 19)- If the Supreme Court and the high courts were thought of as brothers, we as Judges of the apex court in the country remain as the elder brother only to the extent of exercise of appellate jurisdiction.(Para 21) – The society expects every Judge of a high court, so to say, to be a model of rectitude, an epitome of unimpeachable integrity and unwavering principles, a champion of moral excellence, and an embodiment of professionalism, who can consistently deliver work of high-quality guaranteeing justice (Para 18) We feel pained to observe, once more, that neglect/omission/refusal to abide by binding precedents augurs ill for the health of the system. Not only does it tantamount to disservice to the institution of the judiciary but also affects the administration of justice. For a learned Judge to deviate from the laid down standards would be to betray the trust reposed in him by the nation (Para 6)