High CourtsDivision Bench(1917) 08 CAL CK 0024

Mahamad Idris Mbah vs Mahamad Esahak and Another

Calcutta High Court · Decided on 21 August 1917 · Citation: 42 Ind. Cas. 192

HON’BLE JUDGES
Shamsul Huda, J · John Woodroffe, J

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Judgment

2 paragraphs · 122 words
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.