Calcutta High Court reaffirms inherent power to record settlements, add affected non-parties via affidavits, and dispose of appeals — persuasive authority for appellate procedure.
Summary
| Category | Data |
|---|---|
| Case Name | MAT/717/2025 of SMARAJIT SAHA @ SUROJIT SAHA AND ORS Vs ASIT GHOSH AND ORS |
| CNR | WBCHCA0218322025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Judgment Author | HON’BLE JUSTICE DEBANGSU BASAK, HON’BLE JUSTICE MD. SHABBAR RASHIDI |
| Court | Calcutta High Court |
| Bench | Division Bench |
| Questions of Law | Whether an appeal can be disposed based on a private settlement between the parties and non-party respondents added by consent through affidavits? |
| Ratio Decidendi |
The Division Bench held that where private parties have reached a genuine settlement, the Court may record it, add affected non-party respondents by consent on the basis of affidavits, and dispose of the appeal in terms of that settlement. The filing and acceptance of affidavits from both original parties and newly added respondents suffice to bring them before the Court. Amendment of the memorandum of appeal to include such added respondents is permissible and may be granted as a matter of course to give effect to the settlement. |
| Facts as Summarised by the Court |
The private parties in MAT 717/2025 informed the Court that the disputes stood settled; several affected persons were not original parties but affirmed affidavits; by consent they were added as respondents; affidavits detailing the settlement were taken on record; the appeal and connected application were disposed accordingly. |
Practical Impact
| Category | Impact |
|---|---|
| Persuasive For | Other High Courts and appellate benches considering disposal of appeals on private settlements. |
What’s New / What Lawyers Should Note
- Courts may record private settlements and dispose of appeals on that basis without a full hearing.
- Affected non-parties can be added as respondents by consent through filing affidavits.
- Amendment of pleadings to reflect newly added respondents is routinely permitted to give effect to the settlement.
- Affidavits embodying the terms of settlement suffice to drive the disposal order.
Summary of Legal Reasoning
- Parties informed the Court that the dispute was fully settled.
- A number of individuals, though affected, were not original parties; they filed affidavits affirming the settlement.
- By consent, the Court added those individuals as respondents to safeguard their interests.
- The affidavits detailing the settlement were taken on record as the basis for disposal.
- The Bench granted liberty to amend the memorandum of appeal to include the newly added respondents, then disposed of the appeal and connected application in terms of the settlement affidavits.
Arguments by the Parties
Appellants
- The entire dispute has been settled privately.
- Affected persons have affirmed the terms of that settlement.
Added Respondents
- Consent to be added as parties was given via affidavits.
- No objection to disposal in accordance with the settlement.
Factual Background
MAT 717 of 2025 arose from an appeal between private parties alleging certain disputes. During proceedings, the parties informed the Court that they had reached a full settlement. It was noted that several persons impacted by the outcome were not on record; these persons filed affidavits consenting to the settlement and to their inclusion as respondents. On that basis, the Court added them by consent, took the settlement affidavits on record, granted leave to amend the appeal papers, and disposed of both the appeal and connected application in terms of the settlement.
Procedural Innovations
- Recognition that non-party respondents affected by an appeal’s outcome may be added by consent via affidavits.
- Streamlined disposal of an appeal purely on the basis of private settlement without convening a full hearing.
Alert Indicators
- ✔ Precedent Followed – Affirms established practice of disposing appeals on private settlements and adding parties by consent.
Citations
No reported citations were referred to in the judgment.