Order XX of CPC Does not Apply to High Courts Says SC

The Supreme Court reiterated that the time limit for courts to pronounce judgments under Order XX of the Code of Civil Procedure (CPC) will not apply to High Courts. The Order XX of CPC states that a court after the case has been heard, shall pronounce judgment in an open court, either at once or as soon thereafter as may be practicable. It also adds that if the judgment is not pronounced at once, every try should be made by the court to pronounce the judgment within thirty days from the date when the hearing of the case was concluded. In case, it is not practicable to do so due to exceptional circumstances of the case, a future day should be fixed for the pronouncement of the judgment and this day shall not be beyond sixty days from the date when the case got concluded.

The Division Bench of the Himachal Pradesh High Court on 29th December 2020 set aside a judgment of a single judge because there was a delay of nine months in delivering the judgment by the single judge, the bench heard an appeal filed against this. On 24th December 2019, the single judge concluded the hearing and reserved the verdict and had delivered the judgment on 30th September 2020. Hence, the verdict of the single judge was set aside as the Division Bench placed its reliance upon the Order XX of CPC.

On 12th February, a Bench of Justices Rohinton Nariman and BR Gavai passed an order which said either party can move to the Chief Justice of the High Court if there is a six months gap between reserving a judgment and delivering it, who may then decide that the matter be heard afresh.

Order XX of CPC does not apply to the High Court, The Supreme Court said relying on its judgment in the case of Anil Rai.

The court recorded that Para 10 lays series of guidelines which ought to be imposed on the High Court where it is mentioned that only after six months gap between reserving and delivering a judgment, either party can move the application to the Chief Justice of the High Court and may decide that the matter be heard afresh. It also said that no such application was moved in the present case.

Therefore, the judgment remanded back to the division bench by the division bench of the high court to be freshly heard and be decided on merits, the court said.