SURYA KUMAR DAS Vs. AJIT KUMAR DAS

JUDGEMENT

(1.) This appeal has been listed under the heading "Orders".

(2.) It appears that the instant appeal has been preferred against the order dated 18-12-1996 passed by the Subordinate Judge III, Ranchi, in Partition Suit No. 134 of 1988 (hereinafter referred to as 'the impugned order') whereby and whereunder the learned Court below in a final decree proceeding confirmed the report of the Pleader Commissioner and ordered for preparation of final decree.

(3.) When the appeal was placed before the Bench on 12-8-1997 it was contended on behalf of the appellants that since the final decree was not prepared, the appeal could be filed under Order XX, Rule 6A of the Code of Civil Procedure (hereinafter referred to as 'the Code') against the operative part of the said order by which the learned Court below directed for preparation of final decree. In view of the submission the objection raised by the office for filing of certified copy of the decree was ignored. Thereafter the impugned order was sent to the Court below for necessary correction and the same was returned with a report dated 13-11-1997 that the final decree under Order XX, Rules 6 and 7 of the Code has not been drawn up as yet as non-judicial stamp has not been supplied by any of the parties. The appeal, therefore, listed before me with office note and the report for passing appropriate order on the competency of the appeal.