Md. Ali Sardar & Others vs Hossain Ali Mondal Being Dead on 16 February, 2012
While thinking this issue in case of reverse situation namely when
application for condonation of delay is allowed obviously it cannot be an
appealable one as no decision is rendered either way on decree either in case of
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appeal or in case of proceeding under Order IX Rule 13 as doctrine of deemed
finality does not apply. It appears that views taken in the case of Md. Oli Sheikh
& ors. v. Tarani Mahato & anr. by the learned Single Judge of this Court runs
counter to our observation as above, hence it cannot be accepted to be correct
proposition of law. Legal proposition on this aspect enunciated by the learned
Single Judge in case of Sri Gobinda Malik v. Sri Gopal Chandra Ghosh
(C.O.No.808 of 2011) is in our view, correct. In view of the above discussion we
conclude as follows while deciding the reference: