Gupi Nath Ray and Ors. v. Kalyani Mondal and Ors.
Case brief
What is this about?
Maintainability of first appeal - FAT 272 of 2023 (with CAN 1 of 2023), Gupi Nath Ray & Ors. v. Kalyani Mondal & Ors., High Court at Calcutta, decided 16.01.2024 by Harish Tandon, J. and Madhuresh Prasad, J.: appeal against decree of Civil Judge (Senior Division), Katwa, Purba Bardhaman (suit valued Rs.1,00,000/-) dismissed as not maintainable under Section 21(1)(a) of the Bengal, Agra and Assam Civil Court (W.B. Amendment) Act, 2000; liberty expressly preserved to assail the same judgment and decree before the appropriate forum.
What did the court decide?
No substantive relief; the appeal and the connected application were dismissed as not maintainable, with the appellants expressly left free to assail the self-same judgment and decree before the appropriate forum, and the certified copy of the impugned judgment and decree to be returned to the appellants' Advocate-on-record upon replacement with a photocopy.