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

DISPOSED

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

Section XIV-A

Petitioner(s)

MAKBUL ALI (DEAD) TH:LRS .

Adv. BRIJ BHUSHAN

Respondent(s)

SUKHAMAY PAUL (DEAD) TH:LRS..

Adv. AVIJIT BHATTACHARJEE (Dead / Retired / Elevated)

Orders

View Full Judgment
casestatus.in Summary

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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