This order records the signing of a decree under Order XX Rule 8 CPC. The appeal (SA 209 of 2017) was previously allowed in compromise, but the original judge vacated office before signing, requiring the successor judge to act.
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28.1. 2025 item No.4 n.b. ct. no. 24 SA 209 of 2017
Dulal Ch. Das
Vs.
Mohan Kkar(since dead) Laxmi Kar & Ors.
Mr. Sounak Bhattacharya. Mr. Sounak Mandal,
….. for the appellant.
The matter is assigned for signing the decree in term of Order XX Rule 8 of the Code of Civil Procedure, 1908.
It appears that the Court has allowed the appeal being SA 209 of 2017 in terms of compromise between the parties according to the terms and conditions embodied in the application being CAN 4 of 2021
The Order XX Rule 8 of the Code of Civil Procedure, 1908 provides:
“ 8. Procedure where Judge has vacated office before signing decree---- Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate.”
It appears that the Hon’ble Judge, who disposed of the appeal has vacated the office. Hence, this Court being the successor of the said judge is hereby signing
2
the decree according to the provision of Order XX Rule 8 of the Code of Civil Procedure, 1908, the this 28th day of January 2025.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Subhendu Samanta, J.)
1 provisions across 1 enactments
Dulal Ch. Das
Laxmi Kar & Ors.
Subhendu Samanta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
