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Mahamad Idris Mbah Vs. Mahamad Esahak and anr. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in42Ind.Cas.192
AppellantMahamad Idris Mbah
RespondentMahamad Esahak and anr.
Excerpt:
appeal - order refusing to record compromise--decision on merits--remedy. - 1. this appeal is based on the ground that the court failed to exercise jurisdiction in not recording any order on the petition of compromise and that the court of appeal should have given effect to the compromise petition filed by the parties. a petition was filed on the 16th july 1915 and on the 22nd july an order was passed which, i think, should be read as an order refusing to record the compromise. the remedy, therefore, of the appellant before us was to appeal from that order instead of, as he has done, appealing from the final judgment dealing with the case on the merits dated the 26th august 1915.2. the appeal, therefore, fails and is dismissed with costs.
Judgment:

1. This appeal is based on the ground that the Court failed to exercise jurisdiction in not recording any order on the petition of compromise and that the Court of Appeal should have given effect to the compromise petition filed by the parties. A petition was filed on the 16th July 1915 and on the 22nd July an order was passed which, I think, should be read as an order refusing to record the compromise. The remedy, therefore, of the appellant before us was to appeal from that order instead of, as he has done, appealing from the final judgment dealing with the case on the merits dated the 26th August 1915.

2. The appeal, therefore, fails and is dismissed with costs.


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