The Court held that an appeal is not maintainable before it under Section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act due to the suit's valuation, though the appellant may assail the order before the appropriate forum.
The appeal is dismissed as not maintainable.
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11 29.11.23
F.M.A.T. 430 of 2023 CAN 1 of 2023
Ct. No. 04
akd
Pralay Kumar Chowdhury Vs. Sri Prachya Chowdhury & Ors.
Mr. Satyendra Agarwal, Mr. Gautam Malik.
… for the appellant.
Seen the office report. Stamp Reporter has pointed out as to whether the instant appeal is maintainable before this Court in view of the reliefs valued by the appellant in the suit. It appears that the suit is valued at Rs.1,20,200/- and was filed before the learned Civil Judge (Senior Division) exercising the original jurisdiction.
In view of the provisions contained under Section 21(1)(a) of the Bengal, Agra and Assam Civil Courts Act, the instant appeal is not maintainable before this Court.
The appeal is thus dismissed as not maintainable.
However the dismissal of the instant appeal shall not prevent the appellant to assail the self-same order before the appropriate forum in accordance with law.
Let the certified copy of the impugned judgement be returned to the learned Advocate on record of the appellant by the Assistant Court Officer upon replacement with photocopy thereof.
(Harish Tandon, J.)
(Madhuresh Prasad, J.)
2
1 issue framed by the court
Whether an appeal is maintainable before this Court in view of the reliefs valued by the appellant in the suit.
1 provisions across 1 enactments
Pralay Kumar Chowdhury
Sri Prachya Chowdhury & Ors.
Harish Tandon
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
