STATE OF ASSAM Vs. SIRAJUDDIN

JUDGEMENT

(1.) THE second appeal has arisen out of the judgment and decree, dated 22.8.1994, passed by the learned Assistant District Judge, Karimganj, in Title Appeal No. 27 of 1990, whereby the appeal was dismissed on contest without cost.

(2.) THIS second appeal has raised a short, but important question of law, namely, as to whether a decree, which is drawn up following pronouncement of judgment by taking recourse to Order 8 Rule 10 of the Code of Civil Procedure (hereinafter referred to as 'the Code') is appealable.

(3.) FOR the sake of brevity, let me quote hereinbelow Order 8 Rule 10 of the Code, which reads as follows :