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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Rajkishore Choudhary, Son of Late Deocharan Choudhary – Appellant
Versus
Mewalal Choudhary – Respondent
| Table of Content |
|---|
| 1. appellant's arguments on jurisdiction and functus officio. (Para 1 , 2 , 3) |
| 2. proceedings admitted and scheduled for final disposal. (Para 4 , 5 , 6 , 7) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. The learned counsel for the appellant has submitted that this appeal has been tagged along with Second Appeal No. 62 of 2023 as they arises out of the same proceeding.
2. He submits that in Second Appeal No. 62 of 2023 the substantial question of law was framed vide order No. 6 dated 22.07.2024. He has also submitted that the substantial question of law be framed in Second Appeal No. 99 of 2023.
3. The learned counsel has submitted that in the present case at the stage of title suit the pleader commissioner report was submitted and the final decree was passed. Subsequently, at the instance of defendant No. 16, pleader commissioner was appointed afresh and thereafter another decree was passed. He has submitted that once the final decree was passed, the court became functus officio and consequently, he has referred the substantial question of law Nos. I and III as framed in memo of appeal which is quoted as under:-
I. Whether the Court becomes functus officio after preparation of
A court becomes functus officio after a final decree, precluding further actions without higher court intervention.
Substitution of legal heirs is mandatory in final decree proceedings when interests are at stake; non-compliance results in abatement of proceedings.
The court ruled the necessity of hearing appeals against preliminary and final decrees simultaneously in partition suits to ensure a just resolution of shares and rights, emphasizing that the final d....
An appeal against a final decree is maintainable even if no appeal is filed against the preliminary decree, provided the correctness of the preliminary decree is not challenged.
The appellate court must remand a case for trial after reversing a dismissal under Order VII Rule 11, without assessing merits.
Appellate decree passed in favour of or against deceased party without legal representatives substitution is nullity; appeal abates wholly on death of contesting party in possessory suit.
The court confirmed that the final decree in partition suits must align with amended preliminary decrees, and decisions from probate cases are binding as res judicata, precluding re-litigation.
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