Timeline For Pronouncement Of Judgment Prescribed In Order XX CPC Does Not Apply To High Courts: Supreme Court

The Supreme Court observed that timeline for pronouncement of judgment prescribed in Order XX of the Code of Civil Procedure does not apply to the High Court.In this case, the Division Bench of the Himachal Pradesh High Court set aside a judgment of the single judge on the ground of delay in delivery of judgment. The Supreme Court observed that timeline for pronouncement of judgment prescribed in Order XX of the Code of Civil Procedure does not apply to the High Court. In this case, the Division Bench of the Himachal Pradesh High Court set aside a judgment of the single judge on the ground of delay in delivery of judgment. To hold thus, the Division bench relied on proviso of Order 20 Rule 1 of the Code of Civil Procedure, which says that judgment should be delivered within 30 days of reserving the same:­ Order 20, Rule 1 CPC reads as follows : "The court, after the case has been been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders: Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and such day shall not ordinarily be a day beyond thirty days from the date on which the hearing of the case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders. "