MAKBUL ALI (DEAD) TH:LRS . vs SUKHAMAY PAUL (DEAD) TH:LRS.. — C.A. No. 7167/2004
Case under Section XIV-A. Status: DISPOSED.
CNR: SCIN010205752004
Filing Date
20-Sep-2004
Registration No
C.A. No. 7167/2004
Diary Number
20575/2004
Order Date
21-Aug-2007
Document Type
ROP - of Main Case
Disposal Type
Allowed
Data as of 30-Jun-2026
Acts & Sections
Petitioner(s)
MAKBUL ALI (DEAD) TH:LRS .
Adv. BRIJ BHUSHAN
Respondent(s)
SUKHAMAY PAUL (DEAD) TH:LRS..
Adv. AVIJIT BHATTACHARJEE (Dead / Retired / Elevated)
Orders
Case Summary: C.A. No. 007167/2004 Outcome: The Supreme Court allowed the appeal and set aside the Gauhati High Court's judgment. The Court found that the High Court incorrectly invoked Rule 6A of Order XX CPC (which applies only when appeals lack a decree) when the first appeal was clearly filed against both judgment and decree. The matter was remitted to the High Court to frame a proper question of law under Section 100 CPC if warranted. No costs awarded. This case analysis is maintained by casestatus.in based on publicly available court records.
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