2001 PLP 1932 (MLD)

Order/decision of Tribunal/Review Board announced orally but not reduced into writing or signed ‑‑‑Validity‑‑‑Decision/order of Tribunal/Review Board even though announced verbally was free from ambiguity and otherwise ascertainable‑‑‑Such decision/order must be given effect to as if it was a decision/order in writing duly signed.

4. Learned counsel for the respondents has submitted that according to Chapter Il of High Court Rules and Orders, Volume I the judgment should be written, dated and signed by the Court. He relied on "Muhammad Amin v. Muhammad Ramzan" (PLD 1988 Lahore 331), where it was held:‑‑ "The trial Court had dictated the judgment and had also announced same but had not signed it; Presiding Officer having been transferred and handed over charge, such Presiding Officer, held, was in no position to sign the judgment‑‑‑Without signatures, the judgment was not a proper judgment."

5. I have heard the learned counsel for the parties and carefully perused the record. The learned trial Court vide judgment dated 31‑7‑1995 decided the suit for specific performance of agreement to sell and vide another order also decided the ejectment petition. The judgment and decree of the learned trial Court and order in the ejectment petition were challenged through independent appeals. The learned Appellate Court decided the appeal, wrote the final judgment but could not sign it due to the sudden death. Even the short order in English was not signed. Only a single line Urdu order with initials is existing on the file. Order XLI, Rule 31, C.P.C. is reproduced:‑‑ "Contents date and signature of judgment.‑‑‑The judgment of the Appellate Court shall be in writing and shall state‑‑ (a) the points for determination; (b) the decision thereon; (c) the reasons for the decisions; and (d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled; and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring therein."

6. Chapter II, High Court Rules and Orders, Volume I is also reproduced:‑‑ Directions re: judgments.‑‑‑In the preparation and delivery of judgment the attention of the Civil Courts is drawn to the following directions:‑‑ (1) The judgment should be written either in language of the Court or in English; (2) when a judgment is not written by the Presiding Officer with his hand, every page of such judgment shall be signed by him; (3) it should be pronounced in open Court after it has been, written an signed; (4) it should be dated and signed in open Court at the time of being pronounced and when once signed shall not afterwards be added or added to, save as provided by section 152 or on review; (5) if it is the judgment of any Court other than the Court of Small Causes, it should contain a concise statement of the case; the points for determination, the decision thereon and the reasons for such decision; (6) if it is the judgment of a Court of Small Causes, it should contain the points for determination and the decision thereupon; and (7) it should contain the direction of the Court as to costs." While keeping in view the provisions of Order XLI, Rule, 31, C. P. C. it is very clear that the judgment of the learned Appellate Court shall be to writing and shall state the point of determination, the decision thereon, the reason for decision and where the decree appealed from is reversed or varied the relief to which the appellant is entitled and shall at the time that it / is pronounced be signed and dated by the Judge or by the Judges concurring therein. There is no escape to the provisions contained in Order XLI, j Rule 31, C.P.C.. as the decree follows the judgment and a decree will not follow a single line short order therefore no interference is made in the impugned order passed by the learned Additional District Judge deciding for rehearing of appeals. Writ petition is dismissed. No order as to costs. M.B.A.7P‑43/L Petition dismissed.