Appeal against rejection of a plaint in a partition suit was held to lie before the District Judge since the plaint itself valued the suit at Rs.1,30,015/-. The appeal was dismissed for want of pecuniary jurisdiction, with liberty to approach the appropriate court and seek amendment of the plaint's valuation.
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M/L.74. November 4, 2024.
MNS.
FAT 199 of 2024
Smt. Basabi Maji Vs.
Smt. Moumita Das and others
Mr. Krishan Das Poddar, Mr. Arabinda Majhi
… for the appellant.
Mr. Avirup Mondal, Ms. Ahana Ghgosh Mondal
…for the respondents.
2
(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)
1 issue framed by the court
Whether the first appeal against the deemed decree rejecting the plaint lay before the High Court or the District Judge given the valuation stated in the plaint.
1 provisions across 1 enactments
Smt. Basabi Maji
Smt. Moumita Das
others
Uday Kumar
Sabyasachi Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
