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Subhash chandra Pratihar   31 December 2020

bipartile money suit decree

decree drawn up by division bench of High court are checked and signed by advocates of both parties.during execution proceeding by court below is there be any objection before satisfying decree?


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 3 Replies

P. Venu (Advocate)     31 December 2020

The facts posted lack clarity. Was the original Suit filed in the High Court!

Subhash chandra Pratihar   31 December 2020

This is an appeal against decree by city civil court Calcutta . Reply to answer given by Mr venu ld advocate.

Dr J C Vashista (Advocate)     01 January 2021

Recheck facts posted by you, which are confusing.

City Civil Court Calcutta is stated to have passed the judgment and decree, which was assailed u/s 96 CPC before Hon'ble Single Judge High Court upholding lower court judgement/ decree. Subsequently the aggrieved party (probably) might have appealed through LPA, where both parties compormised/ agreed and judgment passed. Is it not so ?

However, there can not be division bench of a High Court sit in original civil jurisdiction, it has to be Single Judge.   


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