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1984 Supreme(Gau) 28

K.N.SAIKIA
Jyotibala Chakraborty – Appellant
Versus
Hem Chandra Sarkar – Respondent


Advocates Appeared:
P.M. Chakraborty in person, D.B. Sengupta

Judgement

In this civil revision the petitioners pray for expunction of certain observations made by the learned Additional District Judge in his judgment dt. 5-3-1983 in Civil Misc. Appeal No. 83 of 1982 to the effect that the decree is not executable at the instance of the first petitioner and that the land has been vested in the Government and that the decree is executable at the instance of the State Government and that the present first petitioner has ceased to have any right or interest over the land.

2. Mr. Sengupta, the learned counsel for the respondent raising a preliminary objection submits that the judgment in Civil Misc. Appeal No. 83 of 1982 was on an application for restitution under S.144, C.P.C., and it was in determination of the question of restitution. As defined in sub-sec.(2), S.2, C.P.C., a decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determined the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within S.144, but sh








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