Delhi Development Authority vs Shiv Charan on 14 July, 1975
9. In my opinion the learned Senior Sub-Judge was not right in setting aside the decree on this ground. The mere fact that the witnesses' depositions were not signed by the Judge will not vitiate the trial. At best it was an irregularity under Section 99, Code of Civil Procedure. It did not afford a ground for retrial since there is no doubt whatsoever that the depositions were recorded in the presence and under the personal direction and superintendence of the Judge. No one said that the depositions were wrongly recorded or that the witnesses did not appear in the court below: See Alam Singh v. Seth Gopal Das, Air 1923 Nag 7 (1) and Channoo Mahto v. Jang Bahadur Singh, .