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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 11 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:
Calcutta High Court (Appellete Side) Cites 11 - Cited by 1 - K J Sengupta - Full Document

Mahmood Ali Sardar & Others vs Hossain Ali Mondal Being Dead on 14 September, 2011

In reply, Mr. Hiranmoy Bhattacharya, the learned Advocate for the petitioner placed before me that the judgment of the another Single Bench of this court in the case of Shri Gobinda Malik Vs. Sri Gopal Chandra Ghosh (C.O. No. 808 of 2011) to contends that the said decision rendered in the case of Md. Oli Sheikh (supra) are distinguished on fact.
Calcutta High Court (Appellete Side) Cites 6 - Cited by 0 - H Tandon - Full Document
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