Calcutta High Court (Appellete Side)
7 Sri Balkrishna Bhalotia & Ors vs Sri Jagdish Prasad Bhalotia & Ors on 13 June, 2022
36 13.06.
AGM
/RKB
C.O. 1301 of 2022
Ct
07 Sri Balkrishna Bhalotia & Ors.
Vs
Sri Jagdish Prasad Bhalotia & Ors.
Mr. Probal Mukerjee, Sr. Adv.
Mr. Nirmalya Dasgupta . ... For the petitioners.
Mr. Prabal Mukerjee, learned senior advocate
appearing for the petitioners submits that admittedly
the preliminary decree was granted declaring share of
co-sharers in partition suit, on 10th May, 2010 and
thereafter order final decree was passed on 20th
September, 2019.
It is contended by Mr. Mukherjee that till date
the formal decree could not be drawn up by the court
below, resulting in serious prejudice to the valuable
rights of the co-sharers, whose shares have already
been declared granting preliminary decree.
It is further submitted by Mr. Mukerhjee that all
formalities necessary for drawing final decree have
already been complied with.
The provisions available in Order 20 Rule 8 of
the Code of Civil Procedure is thus sought to be made
applicable, so that the final decree may be drawn up
without any further delay. The provisions of Order
20 Rule 8, as referred hereinabove by Mr. Mukehrjee,
may be mentioned hereinbelow:
"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."
There is thus a detailed provision mentioned in
C.P.C. as to how the decree may be signed, in the
event of learned presiding Judge having vacated his
office without signing the decree.
No other point is raised requiring address by
this Court.
In view of the nature of the order proposed to be
made in this case, no prior notice is considered to be
necessary upon the opposite parties.
Service of notice of this application upon
opposite parties stands dispensed with.
No further elaboration is thus necessary,
because the law itself is very clear, which has been
mentioned in Order 20 Rule 8 in an unambiguous
terms.
The revisional application is thus disposed of,
reposing trust and confidence upon court below that
the drawl of the final decree of partition suit may be
drawn up in Title Suit No. 1593 of 2008 of learned
Civil Judge (Junior Division) 3rd Court, Alipore
expeditiously upon strictly adhering to the provisions
incorporated under Order 20 Rule 8, as mentioned
hereinabove, which may be ended by putting
signature of the presiding Judge of learned Civil
Judge (Junior Division) 3rd Court, Alipore in due
obedience to Order 20 Rule 8 of the C.P.C.
Petitioners are directed to make communication
of this order to the learned court below as well as to
the learned advocate appearing in the court below for
the opposite parties and the opposite parties.
With this observation and direction, the
revisional application stands disposed of.
Urgent photostat certified copy of the order, if
applied for, be given to the parties on usual
undertakings.
(Subhasis Dasgupta, J)
