Essay on Judge writes Judgment – But Dies

Order 20 Rule 2 visualises a situation where the judgment written by a judge could not be pronounced by him which is by and large due to the sudden demise of the judge.

In such a situation, the code contemplates that the successor judge shall pronounce the judgment written by the demised predecessor judge.

Indeed, Order 20 Rule 2 is also applicable to cases where a judge is transferred and consequently could not pronounce the judgement though the judgment was already prepared.

However, the judicial etiquette warrants not to pronounce judgments after a judge receives orders of transfer.

In this context, the usual practice is that a judge pronounces the judgment on the date on which he receives the transfer orders and if the judge could not do so, whether the judge had already dictated the order to the steno typist or not, the judge would reopen the case to be heard afresh by his successor judge.

It is not the practice of transferred judges to write judgments in the cases heard by them, leaving it for the successor judge to pronounce the judgment. It is precisely the reason why it was stated earlier that Order 20 Rule 2 C.P.C is by and large applicable to cases where a judge writes the judgment but dies before he pronounces the same.

A judgment, once pronounced in the open court and duly signed and dated, cannot be altered thereafter. Section 152 C.P.C is an exception to this rule as provided in the Rule itself.

Section 152 permits a judge to correct clerical or arithemtical mistakes in judgments, orders and decrees either suo motu or on the application of the parties. In the State of Andhra Pradesh, in view of circular orders, what a judge dictates, corrects and signs in the open court is only a draft judgment.

After the judge makes corrections, a fair judgment is typed from the draft judgment. The fair judgment is the judgment for all practical purposes. There are instances where judges pronounce judgments without correcting the draft judgment, and corrections are carried out in the judgment by the judge after the pronouncement of the judgment, the corrections in strict sense can be said to be hit by Order 20 Rule 3; while in actual practice, this method of correcting the draft judgment after it was pronounced and signed in the open Court is a common practice.