AIR 1947 ALLAHABAD 211

Allahabad High Court

Hon'ble Judge(s): Braund, Malik, Pathak , JJJ

(A) Civil P.C. (5 of 1908) , O.20 R.3— Rule applies to Chartered High Court in its appellate or revisional jurisdiction - Its applicability is not affected by O.49, R.2 - Judgment once pronounced and signed cannot be recalled arid altered except in cases where Court has inherent jurisdiction to rectify its mistakes - No practice in derogation of this law can be recognised Civil P.C. (5 of 1908) , O.49 R.2, O.49 R.3— By virtue of O.49, R.3, the provisions of O.20, R.3, are inapplicable to judgments of Chartered High Courts delivered in cases coming under their ordinary or extraordinary original jurisdiction. By implication, therefore, O.20, R.3. would apply to judgments of Chartered High Courts delivered in the exercise of their appellate or revisional jurisdiction apart from S.117 which makes the rules in Sch.1 applicable to High Courts constituted by Letters Patent unless there is anything in the rules and Parts IX and X of the Code to the contrary.(Para 8) @page-All212 Order 49, Rule 2, Civil P.C., saves the rules which had already been in existence relating 'to recording of a judgment on order' of a Chartered High Court, i.e., the rules framed as to how its judgments should be given, whether orally or in writing or according to any mode which might appear to it best in the interests of justice a....