It is necessary that a judgment should be pronounced by the judge in the open court as envisaged by Order 20 Rule 1 C.P.C.
It was pointed out in Mahendra vs. Parameshwar [AIR 1931 CAL. 164] that sending of a judgment by the judge from his house through a clerk to the court since the judge could not attend court owing to ill health contravenes Order 20 Rules 1, 2 and 3 C.P.C and that it is deemed that the judgment was not pronounced.
It was clarified in Chowaram vs. Tanuram [AIR 1960 M.P. 163] that the Civil Procedure Code does not envisage the writing of a judgment after deciding the case, through an oral judgment.
Therefore, there is nothing called oral judgment. A judgment is always in writing, and has already been pointed, is signed and dated by the judge.
ADVERTISEMENTS:
Judgments are not expected to be pronounced in the chambers. Pronouncement of a judgment in the presence of pleaders’ clerks was considered to be not pronouncement in the open court in Begg & Co. vs. Bahadur [AIR 1928 LAH. 841].