The Calcutta High Court affirms the power to dispose appeals on settlement terms, add previously non-partied respondents who have affirmed affidavits, and grant liberty to amend pleadings—serving as persuasive authority in civil appellate procedure.
Summary
| Category | Data |
|---|---|
| Case Name | MAT/717/2025 of SMARAJIT SAHA @ SUROJIT SAHA AND ORS Vs ASIT GHOSH AND ORS |
| CNR | WBCHCA0218322025 |
| Date of Registration | 13-05-2025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | DISPOSED |
| Court | Calcutta High Court |
| Bench | HON’BLE JUSTICE DEBANGSU BASAK, HON’BLE JUSTICE MD. SHABBAR RASHIDI |
| Precedent Value | Persuasive |
| Overrules / Affirms | Affirms existing procedural practice |
| Type of Law | Civil Procedure |
| Ratio Decidendi |
The court held that an appeal may be disposed of on the basis of a private settlement between parties, provided all persons affected who were not initially made parties affirm affidavits and are added by consent. The High Court’s inherent power includes granting liberty to amend the memo of appeal to reflect added respondents and recording the settlement terms on affidavit. |
| Logic / Jurisprudence / Authorities Relied |
|
| Facts as Summarised by the Court |
The private disputes stood settled; certain affected persons were not original parties but affirmed affidavits; settlement recorded on affidavit. |
Practical Impact
| Category | Impact |
|---|---|
| Persuasive For |
|
| Follows | Established practice of disposing appeals on settlement terms |
What’s New / What Lawyers Should Note
- Confirms that appellate courts can dispose of appeals entirely on settlement terms without adjudicating merits.
- Validates adding non-party respondents who have affirmed affidavits consenting to be bound by the settlement.
- Grants liberty to amend the memorandum of appeal post-settlement to include added respondents.
- Demonstrates the power of consent and affidavits in shaping appellate procedure and finality.
- Provides a template for recording settlements in appellate matters to secure disposal.
Summary of Legal Reasoning
- The court noted that all disputes between private parties had been amicably settled and recorded on affidavit.
- Although certain persons affected by the outcome were not original parties, they affirmed affidavits consenting to the terms.
- By consent, those persons were added as respondents under the court’s inherent procedural powers.
- The court took the affidavits enumerating settlement terms on record and disposed of the appeal in those terms.
- Liberty was granted to the appellants to amend the memorandum of appeal to reflect the newly added respondents.
- No substantive adjudication on merits was required once settlement and consent were properly documented.
Arguments by the Parties
Appellants / Petitioners
- Disputes stand settled between private parties.
- Persons affected but not originally impleaded have affirmed affidavits.
- Appeal should be disposed of on settlement terms; memorandum of appeal may be amended to add them.
Respondents
- Consent to disposal on settlement terms.
- Agree to addition of previously non-partied persons who have affirmed affidavits.
Factual Background
Parties to MAT 717 of 2025 had private disputes which they chose to settle amicably. Some individuals who would be affected by the judgment were not joined at the filing stage but later affirmed affidavits consenting to the settlement. By mutual consent, those individuals were added as respondents, and the settlement terms were placed on record. The High Court then disposed of the appeal in accordance with those terms.
Procedural Innovations
- Affirms the use of affidavits to record settlement terms in appellate proceedings.
- Demonstrates the High Court’s power to add necessary parties by consent even at the appeal stage.
- Illustrates granting of post-filing amendment liberty to align pleadings with settlement.
Alert Indicators
- ✔ Precedent Followed – Affirms established practice of disposing appeals on the basis of settlement and using inherent power to add parties.