Can Judge Recall his order? 'Whether, after a judgment has been orally dictated in open Court but before it is signed and sealed, it can be completely changed?'
First let us see provisions of Code of Civil Procedure,1908 regarding passing of the order. ORDER XX : JUDGMENT AND DECREE 1. Judgment when pronounced [(1)] The Court, after the case has been heard, shall pronounce judgment in open Court, either at once or, as soon thereafter as may be practicable, on some future day; and when the judgment is to he 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 fifteen days from the date on which the hearing of the case was concluded but, where it is not practicable so to do, 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 case was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders : Provided further that, where a judgment is not pronounced within thirty days from the date on which the hearing of the case wag concluded, the Court shall record the reasons for such delay and shall fix a future day on which the judgment will be pronounced and due notice of the day so fixed shall be given to the parties or their pleaders.] [(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court on each issue and the final order passed in the case are read out and it shall not be necessary for the Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the perusal of the parties or the pleaders immediately after the judgment is pronounced. (3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is specially empowered by she High Court in this behalf : Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.] 2. Power to pronounce judgment written by judge’s predecessor [A Judge shall] pronounce a judgment written, but not pronounced, by his predecessor. 3. Judgment to be signed The judgment shall be dated and signed by the Judge in open Court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as provided by section 152 or on review. 4. Judgments of Small Cause Courts (1) Judgments of a Court of Small Causes need not contain more than the points for determination and the decision thereon. (2) Judgments of other Courts- Judgments of other Courts shall contain a concise statement of the case, the points for determination, […]Read more