When I recall my early days in judiciary, my judgment of dismissal of an eviction suit and my cognisance of a High Court Circular to put time n date below the signature on every judgment had saved me from the wrath of my Hon D J. I am tempted to share it for the benefit of recruit judges.
An eviction suit was pending in the court of CJJD Hinganghat for more than 5 years. Revision applications filed by the plff landlord (who was a leading advocate) in Hon District Court, Hon HC, Hon Apex Court were in vain. Later on suit was ripe for evidence. In fact permission to issue eviction notice was necessary and it was to be obtained from the Revenue Department. In that suit, it was not obtained because suit was filled on the ground that the deft tenant had created nuisance and also damaged the suit premises. One more contention raised was that the title of the plff landlord was denied by the deft tenant.
On the date of hearing I had asked the parties, if possible, to amicably settle the dispute. The deft tenant was ready to buy the suit premises at reasonable rate or to increase reasonable rent or to give possession sub to compensation because he was occupying the said suit premises in the heart of the town, for decades and on paltry rent. However, the plff landlord had refused all the offers.
As such, evidence was recorded and after hearing arguments in detail, the suit was dismissed by me on merit.
Same day evening plff landlord n some advocates had gone to meet Hon the Dist Judge (as then was the nomenclature) and complained against me without disclosing the fact of the dismissal of the suit. Hon P B Gaikwad Saheb (as then he was) had visited my court immediately on the next day at 10.30 am. Thanx Almighty, my habit of punctuality helped to receive him. He said :
*“बोहरी हे काय लावल आहे? तुझ्या विरुद्ध बार ची तक्रार आहे.”*
I immediately gathered that the dismissal of the suit on the earlier day must be the reason of complaint against me. I had asked my A B C (Assistant Bench Clerk) Mr Rauf to bring the record of the said suit. Hon Gaikawad Saheb had seen directly the operative para of the judgment and also noticed my signature with time n date on the last page below the operative para. He said :
*“Oh, I had received phone call for appointment from advocates after you had delivered this judgement and they met me yesterday late evening .”*
Then I narrated everything to him. He went to the Bar and on return had encouraged me by saying :
*“बोहरी गो अहेड व्हिदाउट फियर अेण्ड फेवर”*
Oh God! What a great relief it was. तेव्हा मला कळाले होते, जीव भांड्यात पडणे म्हणजे काय असते.
Moral of the story, had I not dictated my judgment, had I not checked it thoroughly n signed it with time, date …. don’t know what would have been there in store for my destiny? The practice of pronouncing judgment, order only after it is dictated, typed, checked, signed with time n date always saves you from any turbulence.
Author Profile
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B A, LL B
Practised at Shahada, Dist Dhule (Now : Nandurbar) June 1985 to July 1990.
Appointed as a JMFC and CJ JD on 16.8.1990 at Wardha.
Thereafter transferred to Hinganghat, Gangapur, Mallapur, Nandura, Dahanu.
CJ SD Palghar
Adhoc D and S Judge Pune, Nagpur, Satara
City Civil Judge Mumbai
Family Court Judge Mumbai
Principal Family Court Judge Nagpur
Retired on superannuation on 31.5.2018
Appointed as a Member, Mah Electricity Regulatory Commission from 6.6.2018 to 31.5.2023
Thoroughly enjoyed Mediation Work in Family Courts at Mumbai, Nagpur.
Now camping at Dallas, Austin in Texas.
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