IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2177 of 2008 DHAJA BIND & ORS Versus KOMAL PATHAK & ORS ----------- 2. 12.1.2009 Heard Mr. Shashi Shekhar Dwivedi, learned Senior counsel for the petitioners. In the opinion of this Court there is no error in the impugned order wherein that has been held by the court below is that as the final decree has not yet been drawn sealed and signed, an appeal would not be maintainable. To that extent when the impugned order also records that the miscellaneous appeal filed by the petitioners could not have been converted into a first appeal in the absence of a decree, this Court would not find any jurisdictional error therein. The submission of Mr.Dwivedi, however, is that as a matter of fact the final decree preparation is only a consequence of confirmation of the report of the Pleader Commissioner and that the moment such report is confirmed, the final decree would be deemed to have been passed in terms of the report of the Pleader Commissioner and as such, if this Court does not clarify 2 that the appeal will lie as soon as the Pleader Commissioner report is confirmed there may be a possibility of the appeal eventually to be filed by the petitioners to be time barred. In the opinion of this court, once the court has passed the order as contained in Annexure 3 dated 5.7.2008 recording that further action in the suit was to be taken while adjourning proceeding to 2nd August, 2008, it goes without saying that recording of this fact by the Court that the report of the Pleader Commissioner is confirmed will have to be there in order to establish the preparation of final decree and eventually making the petitioners entitled to file their appeal. In fact on 2.8.2008 the court below did not proceed further only because an application was filed that a civil revision application was to be preferred against the aforementioned order dated 5.7.2008. In that view of the matter, this Court would only observe that it would be open for the petitioners to file a regular appeal once the final decree is drawn sealed 3 and signed after confirmation of the report of the Pleader Commissioner. With the aforementioned observation, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/