there is no such written judgement duly signed by the Presiding Officer is found in the file

Section 33 CPC As per the provisions of CPC  the judgement must contain the facts, submissions, issues, discussion on such issues on the basis of evidence and conclusion of the Judge on each issue and finally the relief which is granted or refused Such judgement should be in writing, signed and dated on the date of the pronouncement of the judgement In the present case, though orally some judgements was pronounced on 14.01.2019 as quoted earlier and recorded in the Roznama, there is no such written judgement duly signed by the Presiding Officer is found in the file  The explanations were called from the concerned Presiding Officer by the Principal District and Sessions Judge However, there is no satisfactory explanation coming forth Thus, there is no judgment and decree passed in said civil suit by Presiding Officer though recorded in Roznama Such Roznama entry cannot be considered as judgment and decree as provided under CPC [Paras 22 and 27]

 

HEMANTKUMAR vs ROGERIO WP 418/22 02/01/23 [ SONAK JJ ]

 

[ BOMBAY HIGH COURT ]